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Richard A. Marlette, Sr. v. State Farm Mutual Automobile Insurance Company

November 7, 2011

RICHARD A. MARLETTE, SR.
AND MARLEEN MARLETTE, HIS WIFE
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
AND HERMAN L. JORDAN PETITION OF: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY



Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

AND NOW, this 7th day of November, 2011, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by Petitioner, is: Did the Superior Court err (as identified in the dissenting opinion) in holding, in conflict with Allen v. M[e]llinger, that plaintiffs may recover delay damages based on the full amount of the jury verdict rather than on the legally recoverable molded verdict, which was reduced to reflect the insurance policy limits that plaintiffs were permitted to receive?

20111107

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