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JONES v. NATIONWIDE PROPERTY AND CAS. INS.

No. 61 EAP 2010.

32 A.3d 1261 (2011)

Brenda JONES, Individually and on Behalf of all Others Similarly Situated v. NATIONWIDE PROPERTY AND CASUALTY COMPANY. Appeal of Brenda Jones.

Supreme Court of Pennsylvania.

Decided December 21, 2011.

Attorney(s) appearing for the Case

Amy Daubert , Harrisburg, W. Christopher Doane , Terrance A. Keating , PA Department of Insurance, for Amicus Curiae, Michael F. Consedine, Acting Pennsylvania Insurance Commissioner.

Thomas More Marrone , Thomas Martin , Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, Philadelphia, for Brenda Jones.

Gilbert F. McKnight IV , Michael Richard Nelson , Nelson, Levine, deLuca & Horst, L.L.C., for Nationwide Property and Casualty Insurance Company.

Michael Lee Eidel , Julie Debra Goldstein , Fox Rothschild, L.L.P., Warrington, for Appellee Amicus Curiae, Harleysville Insurance Company.

Guillermo Emmanuel Sylianteng , for Appellee Amicus Curiae, Pennsylvania Defense Institute, et al.

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

OPINION

Justice BAER.

We granted review in this case to consider an issue of first impression regarding the legality of an insurance company's practice of reimbursing, on a pro rata basis only, an insured's deductible from funds obtained in an insurer's subrogation action against a third-party tortfeasor. The insured argues that this practice violates the common law "made whole doctrine." As discussed in more detail below, the made whole doctrine...

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