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Forester Vanderhoff v. Harleysville Insurance Company

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


November 14, 2012

FORESTER VANDERHOFF, PETITIONER
v.
HARLEYSVILLE INSURANCE COMPANY, RESPONDENT

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

Per curiam.

ORDER

(2) Should "actual prejudice" involve proof by an insurance carrier that it suffered a real material impairment of its ability to investigate and defend an uninsured claim?

AND NOW, this 14th day of November 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are: (1) What constitutes "actual prejudice" to relieve an insurance company of its obligation to pay insurance benefits to an insured?

(3) What constitutes a reasonable basis for a trial court finding that prejudice exists in a late report of a phantom vehicle?

20121114

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