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MISHOE v. ERIE INS. CO.

824 A.2d 1153 (2003)

Edward MISHOE, Appellant, v. ERIE INSURANCE COMPANY, Appellee. and Nancy L. Hamer, Appellant, v. Federal Kemper Insurance Co., Appellee.

Supreme Court of Pennsylvania.

Decided May 30, 2003.

Attorney(s) appearing for the Case

Eric L. Keepers, Joseph Roda, Lancaster, for Edward Mishoe.

John M. Gallagher, for The Pennsylvania Trial Lawyers' Association.

Randy Lee Varner, Thomas B. Schmidt, Donna Louise Fisher, Harrisburg, for Erie Insurance Company.

Thomas L. Isenberg, Harrisburg, Robert E. Kelly, for Pennsylvania Defense Institute.

Joseph John Nypaver, Altoona, for Nancy Hamer.

Dara A. DeCourcy, Pittsburgh, for Federal Kemper Insurance Company.

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

OPINION OF THE COURT

Justice, NIGRO.

The question presented in this case is whether there is a right to a jury trial in a bad faith action pursuant to 42 Pa.C.S. § 8371. We hold that there is not.

In the first of these consolidated cases, Appellant Edward Mishoe suffered permanent injuries in an automobile collision in Lebanon County, Pennsylvania. Mishoe recovered the maximum amount of coverage available to him under the other driver...

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