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NATIONWIDE MUT. INS. CO. v. BUFFETTA

No. 99-1832.

230 F.3d 634 (2000)

NATIONWIDE MUTUAL INSURANCE COMPANY v. Rosetta Miriello BUFFETTA, Administratrix of the Estate of Francesco Miriello. Rosetta Miriello Buffetta, Administratrix of the Estate of Francesco Miriello, Appellant.

United States Court of Appeals, Third Circuit.

Filed October 20, 2000.

Attorney(s) appearing for the Case

Vincent A. Guarna, Esq. [ARGUED] 4620 Street Road Trevose Corporate Center Trevose, PA 19053, Counsel for Appellant Rosetta Miriello Buffetta, Administratrix of the Estate of Francesco Miriello.

James C. Haggerty, Esq. [ARGUED] Swartz, Campbell & Detweiler 1601 Market Street, 34th Floor Philadelphia, PA 19103, Counsel for Appellee Nationwide Mutual Insurance Company.

David C. Harrison, Esq. [ARGUED] Law Offices of David C. Harrison 2100 Arch Street, 5th Floor Philadelphia, PA 19103-1399, Counsel for Amicus-Appellant Pennsylvania Trial Lawyers Association.

Before: MANSMANN, RENDELL, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Appellant challenges the District Court's ruling that Nationwide Mutual Insurance Company ("Nationwide") was not required to make payment of uninsured benefits to or on behalf of appellant in excess of the $25,000 amount stated in the policy limits after an earlier named insured under the policy, her former husband, had elected that amount in writing. An understanding of the facts is necessary to our discussion...

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