Delay damages are only available on actual damages as molded by the court, not on the full amount originally awarded by a jury, the Pennsylvania Supreme Court has ruled.
In its 5-1 ruling in Marlette v. State Farm Mutual Automobile Insurance, the high court found Richard and Marleen Marlette could not collect delay damages on the $550,000 awarded by the jury to Richard Marlette, but only on the molded $233,000 verdict entered by the trial judge to reflect the Marlettes’ auto insurance policy limits.
