Legal Opinion

Township of Center, Butler County, Pennsylvania Dean E. Schweinsberg and Debra J. Oesterling v. First Mercury Syndicate, Inc

Court of Appeals for the First Circuit

Decided July 28, 1997No. 96-3290PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

ROTH, Circuit Judge.

This appeal is from the district court’s granting of summary judgment in favor of defendant insurance company, First Mercury Syndicate, Inc. The issue before us is whether dismissed employees, who brought underlying wrongful discharge actions, are “insureds” within the meaning of a policy provision which excludes coverage for actions brought by “insureds against insureds.” We conclude that the ex-employees are not “insureds” within the meaning of the policy exclusion. We will, therefore, reverse and remand this case to the district court to enter…

2Cases cited9 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Lucker Manufacturing, a Unit of Amclyde Engineered Products, Inc. v. The Home Insurance CompanyCourt of Appeals for the Third Circuit · 1994
  3. Pacific Indemnity Co. v. LinnCourt of Appeals for the Third Circuit · 1985
  4. Harford Mutual Insurance v. MoorheadSupreme Court of Pennsylvania · 1990
  5. City of Harrisburg v. International Surplus Lines InsuranceDistrict Court, M.D. Pennsylvania · 1984

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3Cited by20 opinions

  1. American Automobile Insurance v. MurrayCourt of Appeals for the Third Circuit · 2011
  2. Sphinx International, Inc. v. National Union Fire InsuranceCourt of Appeals for the Eleventh Circuit · 2005
  3. Level 3 Communications, Inc. v. Federal Insurance Company and Pacific Insurance CompanyCourt of Appeals for the Seventh Circuit · 1999
  4. Green MacHine Corporation v. The Zurich-American Insurance Group, as Successor to the Maryland Commercial Insurance Group Valiant Insurance CompanyCourt of Appeals for the Third Circuit · 2002
  5. Home Insurance v. Law Offices of Jonathan DeYoung, P.C.District Court, E.D. Pennsylvania · 1998

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