The following is the prevailing Brief filed by Daniel E. Cummins, Esquire and Timothy E. Foley, Esquire in a case involving the compelling issue in Pennsylvania automobile insurance law as to the amount of the credit due to a UIM carrier when there were multiple negligent motor vehicle operators involved in the subject accident. The Federal District Court for the Middle District of Pennsylvania agreed with position put forth in this Brief that the UIM carrier was entitled to a credit of the full amount of the tortfeasor’s liability limits and not just the amount of the tortfeasors’ respective payments in their settlement of the lawsuit in its decision found at Bremer v. Prudential Property & Casualty Co., 2004 WL 1920708 (M.D.Pa. 2004). This decision of the court received much attention at CLE courses and was also the subject of a prominent article in The Pennsylvania Law Weekly.
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