Legal Opinion
City of Erie v. Guaranty National Insurance
Court of Appeals for the Third Circuit
Decided March 21, 1997No. 96-3117 & 96-3163UnknownCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
The issue on appeal involves the interpretation of an “occurrence” insurance policy under Pennsylvania law, specifically whether the tort of malicious prosecution “occurs” when the criminal charges are filed or when the prosecution is resolved in the plaintiffs favor.
I
Louis DiNicola was arrested and charged on March 25, 1980, for arson and three counts of second degree murder. He was convicted on all counts. On December 6, 1983, the Pennsylvania Supreme Court overturned his conviction and remanded for a new trial. Commonwealth v. DiNicola, 503 Pa.…
2Cases cited46 opinions
- Coker v. CokerTexas Supreme Court · 1983
- Nami v. FauverCourt of Appeals for the Third Circuit · 1996
- Hutchison v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1986
- St. Paul Fire & Marine Insurance v. BarrySupreme Court of the United States · 1978
- APPALACHIAN INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY, AppellantCourt of Appeals for the Third Circuit · 1982
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3Cited by1 opinion
- City Of Erie, Pennsylvania v. Guaranty National Insurance CompanyCourt of Appeals for the Third Circuit · 1997