KMONK-SULLIVAN v. STATE FARM MUT. AUTO. INS. CO.


788 A.2d 955 (2001)

Michelle C. KMONK-SULLIVAN, George Laufer, Mary Marano, Abby L. Resnick, Lesia Cuccaro, Joseph Dziniak, Frank Scialabba, Cristy Holmes, Joseph Orth, Lisa Hopson, Jennifer Eggan, James Fierle, Donald Greg, Theodore Romano, Theodore J. Slippy, Robert Whalen, Mary Ann Woods, Geraldine Young, Jamie Winkler, Christena Kovatch, Jerry Kovatch, Christopher Blickenderfer, Joyce Calabrese, Richard Carryer, Shannon Moore, Eileen Rhodes, Doris Robinson, Robert Mowery, Jean Ryer, Nan Camp, Donna Tieren, John Caskey, Gloria Somerhalder, Karen Weil, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Nationwide Insurance Companies, Commercial Union Insurance Companies, Prudential Insurance Company Of America, Aetna, Inc, Erie Insurance Group, Allstate Insurance Company, Progressive Casualty Insurance Company, Metropolitan Life Insurance Company, Liberty Mutual Insurance Group, American States Insurance, Todd Prugar, Patricia Madden, Janet Bradley, Susan Johnson, Paul Johnson, Catherine Dahlgaard, Donald Edgar, Elaine Kruzynski, Lawrence Pavlok, Joseph Etheridge, Stephanie Beck, Joint Appeal of Nationwide Insurance Companies, Commercial Union Insurance Companies, Prudential Insurance Company of America, Aetna, Inc., Erie Insurance Group, Allstate Insurance Company and American States Insurance. Sandra W. Midili, In her own right, and as Executrix of the Estate of Arnold W. Midili, Deceased, v. Erie Insurance Group, Joint Appeal of Nationwide Insurance Companies, Commercial Union Insurance Companies, Prudential Insurance Company of America, Aetna, Inc., Erie Insurance Group, Allstate Insurance Company and American States Insurance.

Supreme Court of Pennsylvania.

Decided December 19, 2001.


Attorney(s) appearing for the Case

Dale G. Larrimore, Philadelphia, for PA Trial Lawyers Ass'n, amicus curiae.

Stephen McCloskey, for Erie Ins. Group.

Avrum Levicoff, for Aetna & Surety Co.f

Daniel P. McDyer, Pittsburgh, for American States Ins. Co.

Larry Alan Silverman, Robert J. Marino, Pittsburgh, for Allstate Ins. Co.

James C. Haggerty, Philadelphia, for Nationwide Ins. Co.

Scott J. Tredwell, Philadelphia, for Nationwide Ins. Companies, et al.

Peter B. Skeel, Lauren M. Wylie, for Prudential Ins. Co. of America.

Gary Stephen Turetsky, Philadelphia, for Selective Ins. Group, Inc., amicus curiae.

John P. Gismondi, Pittsburgh, for Kmonk-Sullivan.

John A. Tumolo, Pittsburgh, for Sandra W. Midili.

Steven Craig Gillman, Philadelphia, for Martin and Allen, amicus curiae.

Before JOHN P. FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, and SAYLOR, JJ.


OPINION

NEWMAN, Justice.

This appeal involves multiple underinsured motorist (hereinafter "UIM") claims in two independent cases. The plaintiffs commenced their claims against their insurers after they were unable to obtain full recoveries from the government entities that caused their injuries because of the statutory limits on the amount of damages that a Commonwealth or local agency may be required to pay pursuant to Sections 8528 and 8549 of the Judicial...

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