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CONDIO v. ERIE INS. EXCHANGE

899 A.2d 1136 (2006)

Jamie E. CONDIO, Executrix of the Estate of Louise V. Johnson, Deceased, Individually and as Administratrix of the Estate of Darby K. Breen, Deceased, Appellee v. ERIE INSURANCE EXCHANGE, Erie Insurance Group, Appellant Jamie E. Condio, Executrix of the Estate of Louise v. Johnson, Deceased, Individually and as Administratrix of the Estate of Darby K. Breen, Deceased, Appellant v. Erie Insurance Exchange, Erie Insurance Group, Appellee.

Superior Court of Pennsylvania.

Filed April 25, 2006.

Reargument Denied June 26, 2006.

Attorney(s) appearing for the Case

William H. Lamb, West Chester, for Erie Insurance.

Bernard J. Hessley, Warren, for Condio.

BEFORE: HUDOCK, POPOVICH and JOHNSON, JJ.

OPINION BY HUDOCK, J.:

¶ 1 Erie Insurance Exchange and Erie Insurance Group (Erie) appeal from the judgment entered April 28, 2004, in favor of Jamie E. Condio, administratrix of the estate of Darby K. Breen (Breen). The Estate also appeals, raising separate issues. We vacate the judgment and remand for entry of judgment notwithstanding the verdict (judgment nov) in favor of Erie.

¶ 2 This matter arises from an underinsured motorist (UIM) claim based...

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