United States Third Circuit

In a dispute over retroactive coverage for a claim, a judgment for insured concluding that an insurer's policy did not exclude a disputed claim is vacated where the district court erred as a matter of law by applying an objective test to the first part of its inquiry -- whether insured had knowledge of a suit, act, error, or omission -- and a subjective test to the second part of its inquiry -- whether the suit, act, error, or omission might reasonably be expected to result in a claim or suit.

Appellate Information

• Argued 07/10/2006
• Decided 08/11/2006
• Published 08/11/2006

Judges

• SMITH, Circuit Judge., Before SMITH, ALDISERT, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Vincent F. Reilly, Patricia M. Henrich (Argued), Reilly, Janiczek & McDevitt, Merchantville, NJ, for Appellant.


• For Appellees:
  
• Alan C. Milstein, Jeffrey P. Resnick (Argued), Sherman, Silverstein, Kohl, Rose & Podolsky, Pennsauken, NJ, for Appellee.