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

Nos. 41 WAP 2011, 42 WAP 2011

57 A.3d 1224 (2012)

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

Supreme Court of Pennsylvania.

Decided December 28, 2012.

Attorney(s) appearing for the Case

Daniel L. Rivetti , Robb Leonard Mulvhill, L.L.P., Pittsburgh, for State Farm Automobile Insurance Company.

Sean Joseph Carmody , Patberg, Carmody & Ging, P.C., Pittsburgh, Scott B. Cooper , Schmidt, Ronca & Kramer, PC, Harrisburg, for Richard A Marlette, Sr. and Marleen Marlette, his wife.

David C. Harrison , Philadelphia, George Gerasimos Rassias, Schmidt, Kirifides, Pearson, Koutcher & Fridkin, P.C., Media, for Appellee Amicus Curiae, Pennsylvania Association of Justice.

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

OPINION

Justice TODD.

We granted allowance of appeal in this consolidated case to consider whether a plaintiff may recover delay damages on the full amount of a jury verdict in his favor, or whether delay damages are limited to the amount of the legally-recoverable molded verdict, as it was adjusted by the court to reflect insurance policy limits. For the reasons that follow, we hold that a plaintiff may recover delay damages only on the amount of...

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