TANNENBAUM v. NATIONWIDE INS. CO.

No. 100 MAP 2007

992 A.2d 859 (2010)

Alan TANNENBAUM, M.D., Appellee v. NATIONWIDE INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 2010.


Attorney(s) appearing for the Case

James C. Haggerty, Swartz Campbell LLC, Philadelphia, Allan D. Goulding, Jr., Curtin & Heofner, L.L.P., for Nationwide Insurance Company.

Kenneth Scott Saffren, Richard Alex Wolfe, Saffren & Weinberg, Jenkintown, Leonard A. Sloane, Eckell, Sparks, Levy, Auerbach, Monte, Rainer, Sloane, Matthews et al., Media, for Alan Tannenbaum.

Craig R.F. Murphey, Catherine Moodey Doyle, MacDonald, Illig, Jones & Britton, L.L.P., Erie, for amicus curiae Pennsylvania Defense Institute.

Mitchell S. Clair, Lafayette Hill, Donald F. Manchel & Associates, Scott B. Cooper, Schmidt Kramer, P.C., Harrisburg, for amicus curiae Pennsylvania Association for Justice.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, JJ.


OPINION

Justice SAYLOR.1

This appeal requires assessment of the scope of an offset provision of the Motor Vehicle Financial Responsibility Law.

In December 2000, Alan Tannenbaum, M.D. ("Appellee"), suffered severe injuries in a motor vehicle accident, rendering him permanently disabled from his previous hospital employment. In addition to Social Security disability payments, Appellee applied for and received income...

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