OVERDORF v. FONNER


748 A.2d 682 (2000)

David H. OVERDORF, Administrator of the Estate of Kristin R. Overdorf, Deceased, Appellee, v. Sharon FONNER, Appellant.

Superior Court of Pennsylvania.

Filed February 14, 2000.

Reargument Denied April 18, 2000.


Attorney(s) appearing for the Case

John D. Newborg, Pittsburgh, for appellant.

Edward J. Balzarini, Pittsburgh, for appellee.

Before KELLY, JOHNSON, and TAMILIA, JJ.


JOHNSON, J.:

¶ 1 In this appeal, we address whether delay damages are properly assessed where the defendant tenders primary insurance policy limits through her personal automobile insurance carrier, coupled with a full release contingency that would defeat recovery of excess liability coverage on the same accident. We conclude that a settlement offer that is tendered in exchange for the plaintiff's complete release of all parties, where there exist other assets...

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