MARLETTE v. STATE FARM MUT. AUTO. INS. CO.


10 A.3d 347 (2010)

Richard A. MARLETTE, Sr. and Marleen Marlette, his Wife, Appellants v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Herman L. Jordan, Appellees. Richard A. Marlette, Sr. and Marleen Marlette, his Wife, Appellees v. State Farm Mutual Automobile Insurance Company and Herman L. Jordan. Appeal of State Farm Mutual Automobile Insurance Company, Appellant.

Superior Court of Pennsylvania.

Filed December 10, 2010.


Attorney(s) appearing for the Case

Sean J. Carmody , Pittsburgh, for Marleen and Richard Marlette.

Daniel L. Rivetti , Pittsburgh, for State Farm.

BEFORE: MUSMANNO, BENDER and BOWES, JJ.


OPINION BY MUSMANNO, J.:

Richard A. Marlette, Sr. ("Mr. Marlette") and his wife, Marleen Marlette ("Mrs. Marlette"), (collectively, "the Marlettes") appeal from the Order1 directing State Farm Mutual Automobile Insurance Company ("State Farm") to pay the Marlettes delay damages in the amount of $28,223.76 in the underlying uninsured motorist ("UM") case. In its cross-appeal,2 State Farm challenges its obligation...

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