United States Third Circuit

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State Farm Mut. Auto. Ins. Co. v. Rosenthal, 06-2158

In an insurer's declaratory judgment action against an insured alleging that his underinsured motorist claim was time barred by Pennsylvania's four-year statute of limitations on contract claims, a ruling for the insured is affirmed on alternate grounds, based on a prediction that the Pennsylvania Supreme Court would start running the statute of limitations on the date on which an insured settles with or obtains an award from the adverse driver for less than the value of his damages.

Appellate Information

  • Argued 03/13/2007
  • Decided 04/20/2007
  • Published 04/20/2007


  • Before FUENTES, VAN ANTWERPEN, and SILER , Circuit Judges.


  • United States Third Circuit


  • For Appellant:
  • John J. McGrath (Argued), McKissock & Hoffman, P.C., Philadelphia, PA, Counsel for Appellant., Scott B. Cooper (Argued), Schmidt, Ronca & Kramer, Matthew S. Crosby, Handler, Henning & Rosenberg, Harrisburg, PA, Counsels for Amicus Appellant Pennsylvania Trial Lawyers.

  • For Appellees:
  • Richard P. Hunter, Jr. (Argued), Philadelphia, PA, Counsel for Appellee.
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