United States Third Circuit

Partial summary judgment and an award for plaintiff on its contract claims arising out of defendant-insurer's refusal to defend and indemnify plaintiff in various asbestos-related actions brought against it under a Workmen's Compensation/Employers' liability policy are reversed where the district court erred in concluding that the injuries at issue were covered under the parties' policy.

Appellate Information

• Argued 03/07/2006
• Decided 04/10/2006
• Published 04/10/2006

Judges

• GREENBERG, Circuit Judge., Before ROTH and GREENBERG, Circuit Judges, and BUCKWALTER, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mark F. Horning, Steptoe & Johnson, Washington, D.C., for Amici Curiae American Insurance Association, Property Casualty Insurers Association of America, The Insurance Federation of Pennsylvania Inc., and the Pennsylvania Compensation Rating Bureau., Laura A. Foggan, John C. Yang, Washington, DC, for Amici Curiae Complex Insurance Claims Litigation Association.


• For Appellees:
  
• Mark A. Aronchick (argued), Daniel Segal, Hangley, Aronchick, Segal & Pudlin, Philadelphia, PA, Joseph G. Blute, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, MA, for Appellant/Cross-Appellee., Joseph J. Bosick (argued), Alfred S. Pelaez (argued), Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Appellee/Cross-Appellant.