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GIBSON v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 20-1589, No. 20-1609.

994 F.3d 182 (2021)

Eileen M. GIBSON; Robert P. Gibson, h/w v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Appellant Eileen M. Gibson; Robert P Gibson, h/w Appellants v. State Farm Mutual Automobile Insurance Company.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 8, 2021.

Attorney(s) appearing for the Case

Alfred V. Altopiedi [ARGUED] Donna A. Casasanto [ARGUED] 902 Old Marple Road Springfield, PA, 19064 Joseph M. Fioravanti 217 North Monroe Street P.O. Box 1826 Media, PA 19063 Counsel for Eileen M. Gibson and Robert P. Gibson.

Michael Saltzburg [ARGUED] Katherine C. Douglas [ARGUED] Sarah E. Crosley Bennett Bricklin & Saltzburg 1500 Market Street, Center Square 32nd Floor Philadelphia, PA 19102 Counsel for State Farm Mutual Automobile Insurance Company.

Elizabeth M. Tarasi Tarasi & Tarasi, P.C. 510 Third Avenue Pittsburgh, PA 15219 Counsel for Amici the Pennsylvania Association for Justice in support of Appellees/Cross Appellants.

Bryan M. Shay   Jeffrey M. Brenner Post & Schell, P.C. Four Penn Center, 13th Floor 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 Counsel for Amici the Pennsylvania Defense Institute in support of Appellant/Cross Appellee.

Before: HARDIMAN and ROTH, Circuit Judges, and PRATTER, District Judge.

OPINION OF THE COURT

Underinsured motor vehicle coverage ("UIM") is designed to help defray the cost of an accident with an uninsured or underinsured motorist. Although basic UIM coverage is for an amount equal to bodily injury limits set in the policy, an insured in Pennsylvania can reduce premium costs by opting...

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