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TOTH v. DONEGAL COMPANIES

Nos. 1744, Western District Appeal 2007.

964 A.2d 413 (2009)

Darla J. TOTH v. DONEGAL COMPANIES, also known as Donegal Mutual Insurance Company, also known as Donegal: Mutual, also known as Donegal Insurance Company, also known as Donegal Mutual Ins. Co., also known as Donegal Insurance, also known as Donegal, a Corporation, Partnership, Proprietorship, Association, or other Entity, Appellant.

Superior Court of Pennsylvania.

Filed January 14, 2009.

Attorney(s) appearing for the Case

Scott A. Millhouse, Pittsburgh, for appellant.

Darrell J. Arbore, N. Huntingdon, for appellee.

BEFORE: FORD ELLIOTT, P.J., ORIE MELVIN and SHOGAN, JJ.

OPINION BY FORD ELLIOTT, P.J.:

¶ 1 Donegal Mutual Insurance Company ("Donegal") appeals the order of August 22, 2007, granting Darla J. Toth's ("Toth") motion for summary judgment. Toth was in a motor vehicle accident and subsequently filed a claim for underinsured motorist ("UIM") benefits under her policy with Donegal, which denied the claim on the basis that Toth had rejected UIM coverage. The trial court determined that the form rejecting UIM coverage was...

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