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NATIONWIDE INS. CO. v. SCHNEIDER

No. 11 MAP 2007.

960 A.2d 442 (2008)

NATIONWIDE INSURANCE COMPANY, Appellant v. Paul P. SCHNEIDER, Appellee.

Supreme Court of Pennsylvania.

Decided November 19, 2008.

Attorney(s) appearing for the Case

James C. Haggerty, Esq., Swartz Campbell, L.L.C., Philadelphia, for Nationwide Insurance Company.

Craig R.F. Murphey, Esq., MacDonald, Illig, Jones & Britton, L.L.P., Erie, for Pennsylvania Defense Institute.

S. Stanton Miller, Jr., Esq., Dunn & Miller, Media, for Paul P. Schneider.

Scott B. Cooper, Esq., Melissa Nicole Miller, Esq., Schmidt Kramer, P.C., Harrisburg, for amicus curiae Pennsylvania Trial Lawyers Association.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice SAYLOR.

We allowed appeal to determine whether the Motor Vehicle Financial Responsibility Law requires primary underinsured motorist benefits to be exhausted before secondary coverage is implicated and to consider the enforceability of a consent-to-settle clause in an underinsured motorist policy.

In October 1996, police officer Paul P. Schneider ("Appellee") suffered injury when his...

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