AAA MID-ATLANTIC INS. CO. v. RYAN

No. 12 MAP 2013

84 A.3d 626 (2014)

AAA MID-ATLANTIC INSURANCE COMPANY, Appellant v. Mary Suzanne RYAN and Edward J. Ryan, Husband and Wife, Appellees.

Supreme Court of Pennsylvania.

Decided January 21, 2014.


Attorney(s) appearing for the Case

James C. Haggerty, Esq. , Haggerty, Goldberg, Schleifer & Kupersmith, P.C., Philadelphia, for Pennsylvania Association for Justice.

Andrew Lee Riemenschneider, Esq. , Moore & Riemenschneider, L.L.C., Abington, for AAA Mid-Atlantic Insurance Co.

Gregory Buchwald Heller, Esq. , Young Ricchiuti Caldwell & Heller, L.L.C., Philadelphia, for Ryan, Mary Suzanne & Edward J.

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


OPINION

Justice TODD.

In this discretionary appeal, we consider whether, under an insurance policy for underinsured motorist ("UIM") coverage, the amount of an insured's recovery may be offset by the amount of all damages paid in satisfaction of the underlying judgment, or by only the amount of compensation paid under the auto insurance policy of the underinsured driver/tortfeasor. For the reasons set forth below, we hold that the amount of damages...

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