Aetna Life and Casualty Company v. Carolyn Barthelemy Peter M. Barthelemy Michael Barthelemy Vicki McSparran Vicki McSparran
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
In this diversity case, we must predict whether the Pennsylvania courts would obligate an insurer to defend and indemnify an insured under a homeowner’s policy in a state court action in which a female student at Penn State University alleged that she was harmed by the son of the insured as a result of his having sexual relations with her while both were intoxicated. The district court accepted the theory of Aetna Life and Casualty Company, Appellee, that Pennsylvania courts would adopt the inferred intent rule discussed in Wiley v. State Farm Fire…
2Cases cited6 opinions
- United Services Automobile Ass'n v. ElitzkySupreme Court of Pennsylvania · 1986
- Stidham v. Millvale Sportsmen's ClubSuperior Court of Pennsylvania · 1992
- B.B. v. Continental Insurance CompanyCourt of Appeals for the Eighth Circuit · 1994
- Harford Mutual Insurance v. MoorheadSupreme Court of Pennsylvania · 1990
- K.A.G. Ex Rel. Carson v. StanfordCourt of Appeals of Wisconsin · 1988
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3Cited by39 opinions
- The Frog, Switch & Manufacturing Co., Inc., in No. 98-7552 v. The Travelers Insurance Company (d.c. Civ. No. 98-Cv-00643) the Frog, Switch & Manufacturing Co., Inc., in No. 98-7553 v. United States Fire Insurance Company (d.c. Civ. No. 98-Cv-00758)Court of Appeals for the Third Circuit · 1999
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
- Berrier v. Simplicity Manufacturing, Inc.Court of Appeals for the Third Circuit · 2009
- Aetna Casualty & Surety Co. v. EricksenDistrict Court, M.D. Pennsylvania · 1995
- Minnesota Fire & Casualty Co. v. GreenfieldSupreme Court of Pennsylvania · 2004
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