RICHARD A. MARLETTE, SR. and MARLEEN MARLETTE, his Wife v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and HERMAN L. JORDAN

RICHARD A. MARLETTE, SR. and MARLEEN MARLETTE, his Wife v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and HERMAN L. JORDAN (at 623) APPEAL OF: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY(at 703) No. 623 and 703 WDA 2009 2010 PA Super 227 Atlantic: n/a Filed: 12/10/2010
	Appeal from the Order entered on March 24, 2009 in the Court of Common Pleas of Allegheny County, Civil Division, No. GD-06-015333
Before: MUSMANNO, BENDER and BOWES, JJ.
Opinion by: MUSMANNO, J.
Dissenting Opinion by: BOWES, J.
Richard A. Marlette, Sr. (“Mr. Marlette”) and his wife, Marleen Marlette (“Mrs. Marlette”), (collectively, “the Marlettes”) appeal from the Order 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, State Farm challenges its obligation to pay delay damages in excess of its policy limits. After careful review, we vacate the judgment and remand for a re-calculation of delay damages.

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