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PENNSYLVANIA NAT. MUT. CAS. CO. v. BLACK

916 A.2d 569 (2007)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY COMPANY, Appellant, v. Ellen L. BLACK, Individually and as Administratrix and Executrix of the Estate of Eric L. Black, Deceased, Randy L. Black, Roscoe L. Myers and Diane E. Myers, Individually and as Administratrix of the Estate of John R. Myers, Deceased, Appellees.

Supreme Court of Pennsylvania.

Decided February 21, 2007.

Attorney(s) appearing for the Case

Peter James Speaker, Esq., Harrisburg, for Pennsylvania National Mutual Insurance Co.

Robert E. Kelly, Jr., Esq., Begene Ann Bahl, Esq., Harrisburg, for amicus curiae Pennsylvania Defense Institute.

James D. Young, Harrisburg, for Ellen L. Black.

Philip Samuel Cosentino, Esq., Chambersburg, for Roscoe L. and Diane E. Myers.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice BAER.

We granted review in this case to determine whether the Superior Court erred in concluding that a "setoff" provision in an automobile insurance policy was unenforceable as against public policy. A setoff provision, generally, provides for the reduction of a claimant's potential recovery under one part of an insurance policy, such as underinsured motorist coverage, by the amount the claimant recovered under another portion of...

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