Legal Opinion
Western Pennsylvania National Bank v. American Insurance
Court of Appeals for the Third Circuit
Decided July 22, 1970No. Nos. 17537, 17538PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
These appeals in diversity actions governed by the substantive law of Pennsylvania require us to decide whether a condemnee in possession has an insurable interest in real estate after the condemnor has published its declaration of taking and made the appropriate filing with bond. This issue is critical to the determination of the condemnee-appellee’s claim for proceeds on fire insurance policies, a fire having occurred subsequent to the condemnation but while the condemnee was still in possession.
Although recognizing that the governing state law was then somewhat…
3Cases cited3 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Van Cure v. Hartford Fire InsuranceSupreme Court of Pennsylvania · 1969
- Western Pennsylvania National Bank v. American InsuranceDistrict Court, W.D. Pennsylvania · 1968
4Cited by1 opinion
- Western Pennsylvania National Bank, Successor Trustee Under the Will of William F. Sullivan, Deceased v. The American Insurance Company of Newark, New Jersey, a New Jersey Corporation, in No. 17,537. Western Pennsylvania National Bank, Successor Trustee Under the Will of William F. Sullivan, Deceased v. Northern Insurance Company, a New York Corporation, in No. 17,538Court of Appeals for the Third Circuit · 1970