Friday, April 30, 2010

RICHARD & DEBRA D’ADAMO v. ERIE INSURANCE EXCHANGE

RICHARD & DEBRA D’ADAMO v. ERIE INSURANCE EXCHANGEDONALD HOLOCHER AND LISA HOLOCHER, HIS WIFE v. ERIE INSURANCE EXCHANGE
No. 479 and 480 MDA 2008 2010 PA Super 77 Atlantic: n/a Filed: 4/30/2010

Appeal from the Judgment entered November 12, 2008
In the Court of Common Pleas of Lackawanna County
Civil, Nos. 2257-2006 and 2258-2006

Before: LALLY-GREEN, GANTMAN, AND ALLEN, JJ.
Opinion by: GANTMAN, J.

Appellants, Richard and Debra D’Adamo and Donald and Lisa Holocher, appeal from the judgments entered in the Lackawanna County Court of Common Pleas on Appellants’ statutory arbitration awards. Appellants ask us to determine whether the arbitrators properly gave Appellee, Erie Insurance Exchange (“Erie”), a credit of $750,000.00 on each award to account for Appellants’ recoveries from the tortfeasor’s liability insurance policies. We hold Erie was entitled to a credit of $750,000.00 on each arbitration award, consistent with Appellants’ recoveries from the tortfeasor’s liability insurance policies; and the court properly refused to vacate/modify the arbitration awards to disallow the credits. Accordingly, we affirm the judgments entered on the arbitration awards.
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