United States Third Circuit

In a dispute involving insurance policy coverage, district court's grant of summary judgment for plaintiff is reversed and judgment entered for defendant where: 1) the insurance policy entered into by the parties has a genuine ambiguity as to coverage of the property that was insured while stored in defendant's warehouse; and 2) New Jersey law governs the interpretation of the Policy and requires ambiguities to be resolved in favor of the insured, and thus all of defendant's merchandise was insured while temporarily stored in the warehouse.

Appellate Information

• Argued 01/06/2009
• Decided 04/16/2009
• Published 04/16/2009

Judges

• Before:  FUENTES and FISHER, Circuit Judges, and PADOVA, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Kenneth R. Rothschild (Argued), Golden, Rothschild, Spagnola, Lundell, Levitt & Boylan, Bridgewater, NJ, for Appellants.


• For Appellees:
  
• James F. Campise, David Y. Loh (Argued), Cozen & O'Connor, New York, NY, for Appellee.