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NATIONWIDE MUT. INS. CO. v. LEHMAN

No. 96 MDA 1999.

743 A.2d 933 (1999)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Daniel W. LEHMAN & Delores Lehman, Appellees.

Superior Court of Pennsylvania.

Filed November 15, 1999.

Reargument Denied January 26, 2000.

Attorney(s) appearing for the Case

Gregory F. Lepore, Lansdale, for appellant.

Robert F. Claraval, Harrisburg, for appellees.

Before JOHNSON, JOYCE, and TAMILIA, JJ.

JOHNSON, J.

¶ 1 This appeal presents the question of whether an insurer may deny underinsured motorist coverage when its insured settles his or her claim with a tortfeasor for the limits of available liability insurance without the consent of the insurer as required by the policy. We conclude that the insurer may not deny underinsured motorist coverage unless it demonstrates that its interests were actually prejudiced...

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