United States Third Circuit

In a declaratory judgment action to determine an insurer's obligation to defend and indemnify plaintiff in a wrongful death action, a ruling against the insurer is vacated where the district court erred in holding that it was foreclosed by the doctrine of issue preclusion from making an independent determination of whether appellee is a successor in interest to a company which was insured by the insurer.

Appellate Information

• Argued 11/27/2006
• Decided 01/30/2007
• Published 01/30/2007

Judges

• GARTH, Circuit Judge., Before FUENTES and GARTH, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Richard D. Picini, Esq., (argued), Jennifer L. Casatelli, Esq., Picillo Caruso O'Toole, P.C., Nutley, NJ, for Appellant Essex Insurance Company.


• For Appellees:
  
• Ronald V. Santora, Esq., (argued), Bresset & Santora, LLC, Forty Fort, PA, for Appellee Greenway Center, Inc., Joseph P. Hanyon, Esq., (argued), Michael B. Kaspszyk, Esq., Merwine, Hanyon, Kaspszyk, LLP, Pocono Summit, PA, for Appellee Annette Maione.