Legal Opinion

John Ercolani and Elaine Ercolani, in 86-5613 v. Excelsior Insurance Company, in 86-5629

Court of Appeals for the Third Circuit

Decided October 5, 1987No. 86-5613, 86-5629PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Chief Judge:

In this diversity declaratory judgment suit by a policy owner against the issuer of a named peril homeowners’ insurance policy, the policyholders, John and Elaine Ercolani, appeal from a judgment in favor of the issuer, Excelsior Insurance Company. The judgment was entered after a bench trial in which the trial court found that the physical loss for which the Ercolanis sought recovery was “a collapse of a building or any part of a building” within a named peril in the policy, but was excluded by the policy’s water damage exclusion. We conclude that the…

2Cases cited16 opinions

  1. Kievit v. Loyal Protective Life InsuranceSupreme Court of New Jersey · 1961
  2. Mazzilli v. Acc. & Cas. Ins. Co. of WinterthurSupreme Court of New Jersey · 1961
  3. Meier v. New Jersey Life InsuranceSupreme Court of New Jersey · 1986
  4. Olmstead v. Lumbermens Mutual Ins.Ohio Supreme Court · 1970
  5. Government Employees Insurance v. DeJamesCourt of Appeals of Maryland · 1970

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
  2. Meritcare Incorporated Meritcare Ventures, Inc. Quinlan Medical, Inc. v. St. Paul Mercury Insurance CompanyCourt of Appeals for the Third Circuit · 1999
  3. Jack Buczek v. Continental Casualty Insurance CompanyCourt of Appeals for the Third Circuit · 2004
  4. Doheny West Homeowners' Ass'n v. Am. Guarantee & Liab. Ins. Co.California Court of Appeal · 1997
  5. American Concept Insurance v. JonesDistrict Court, D. Utah · 1996

12 more not listed; retrieve them via the Exa API.

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