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BAITH v. CNA INS. COMPANIES

406 Pa.Super. 84 (1991)

593 A.2d 881

Mark BAITH and Cindy Baith, Appellees, v. CNA INSURANCE COMPANIES (NATIONAL FIRE INSURANCE CO. OF HARTFORD), Appellant.

Superior Court of Pennsylvania.

Filed June 28, 1991.

Attorney(s) appearing for the Case

Robert M. Ruzzi, Philadelphia, for appellant.

John A. Rothschild, Philadelphia, for appellees.

Leonard A. Sloane, Media and James R. Ronca, Harrisburg as amicus curiae for the Pennsylvania Trial Lawyers Association.

Before McEWEN, MONTEMURO and JOHNSON, JJ.

McEWEN, Judge:

This appeal presents the question of whether an insurance company may withhold consent to a tortfeasor's offer to settle for "full policy limits", refuse a request of the insured to tender the amount of the settlement offer in order to protect its subrogation rights,1 and then defend against the claim of the insured for underinsured motorist benefits on the ground that...

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