STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANY, Appellant
v.
PRO DESIGN, P.C.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued on April 16, 2009.
Filed: May 12, 2009.
Attorney(s) appearing for the Case
Charles J. Daly, Esq. (Argued), Horsham, PA, for Appellant.
John E. Kusturiss, Jr., Esq. (Argued), Media, PA, for Appellee.
Robert E. Kelly, Jr., Esq., Kelly, Parker, & Cohen, Harrisburg, PA, for Pennsylvania Defense Institute Amicus Appellant.
Mitchell Clair, Esq. (Argued), Donald F. Manchel & Associates, Philadelphia, PA, Scott B. Cooper, Esq., Schmidt, Ronca & Kramer, Harrisburg, PA, for Pennsylvania Association for Justice Amicus Appellee.
Before: McKEE, SMITH, and VAN ANTWERPEN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
VAN ANTWERPEN, Circuit Judge.
Appellant State Auto Property & Casualty Insurance Company1 brought a declaratory judgment action in which it sought a determination of the amount of underinsured motorist (UIM) coverage owed to Appellee Pro Design, P.C. At the inception of a single vehicle policy, Appellee signed a form indicating that it waived "stacked" UIM benefits in exchange for a lower premium. Additional...
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