United States Third Circuit

In a dispute over insurance coverage arising out of an accident at the Pittsburgh International Airport, summary judgment to the excess insurer is vacated where: 1) although the District Court used the wrong standard to determine the applicable state law, its decision to use New York law was correct on the facts of record; 2) summary judgment on issues of late notice and disclaimer was error as a number of material facts precluded such ruling.

Appellate Information

• Argued 12/04/2006
• Decided 03/15/2007
• Published 03/15/2007

Judges

• Before RENDELL and AMBRO, Circuit Judges, and BAYLSON, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas E. Birsic, Paul K. Stockman, [Argued], Kirpatrick and Lockhart, Nicholson Graham, James D. Belliveau, Michael H. Rosenzweig, Edgar Snyder & Associates, Pittsburgh, PA, Counsel for Appellant Scott Hammersmith.


• For Appellees:
  
• Dennis J. Roman, Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, Peter G. Thompson, [Argued], Thompson, Loss & Judge, Washington, DC, Counsel for Appellee TIG Insurance Co., Robert E. Dapper, Jr., Dapper, Baldasare, Benson, Behling & Kane, Pittsburgh, PA, Counsel for Appellees AON Risk Services and AON Risk Services NY.