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ESTATE OF DEMUTIS v. ERIE INS. EXCH.

851 A.2d 172 (2004)

ESTATE OF Cecil Anthony DEMUTIS, Deceased, Appellant, v. ERIE INSURANCE EXCHANGE, Appellant.

Superior Court of Pennsylvania.

Filed May 18, 2004.

Attorney(s) appearing for the Case

Michael E. Fiffik, Pittsburgh, for appellant.

Phillip Earnest, Pittsburgh, for appellee.

BEFORE: KLEIN, BENDER and JOHNSON, JJ.

OPINION BY KLEIN, J.:

¶ 1 Cecil Anthony Demutis was killed when the car in which he was a passenger, driven by his father, was hit head-on by another driver. His estate recovered full policy limits both from the striking driver's policy and from his father's UIM policy. The estate now makes a claim under the policy that Demutis held with Erie Insurance Exchange on his own car. Demutis, about 50 years of age at the time of his death, lived with his parents.

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