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CORBIN v. KHOSLA

No. 48 EAP 2010

42 A.3d 254 (2012)

Mary CORBIN, Appellee v. Suresh KHOSLA, Appellant

Supreme Court of Pennsylvania.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Amy Daubert , Harrisburg, W. Christopher C. Doane , Terrance A. Keating , PA Department of Insurance, for Amicus Curiae, Joel S. Ario.

Gregory Buchwald Heller , Young Ricchiuti Caldwell & Heller, L.L.C., Philadelphia, for Amicus Curiae, Pennsylvania Association of Justice.

James C. Haggerty , Swartz Campbell, L.L.C., Philadelphia, for Suresh Khosla.

James C. Haggerty , Philadelphia, Suzanne T. Tighe , Scranton, Swartz Campbell, L.L.C., for Appellant Amicus Curiae, Pennsylvania Defense Institute.

Martin J. Beck , Neff and Associates, Bruce L. Neff , Philadelphia, for Mary Corbin.

Marcia Mary Waldron , U.S. Court of Appeals, 3rd Circuit, for United States Court of Appeals for the Third Circuit.

Amy Griffith Daubert , Harrisburg, W. Christopher C. Doane , Terrance A. Keating , PA Department of Insurance, for Appellee Amicus Curiae, PA. Insurance Dept., Robert Pratter.

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

OPINION

Justice McCAFFERY

This case raises the question whether an uninsured driver who is injured in a motor vehicle accident with an insured driver, may sue the insured driver in tort for economic damages. The question highlights a tension in the Motor Vehicle Financial Responsibility Law, ("MVFRL"), 75 Pa.C.S. §§ 1701-1799, and Pennsylvania decisional precedent, as perceived by the United States Court of Appeals for the Third Circuit...

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