Legal Opinion

Greenway Center, Inc. v. Essex Insurance

Court of Appeals for the Third Circuit

Decided March 11, 2010No. 08-3724PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

JORDAN, Circuit Judge.

Essex Insurance Company (“Essex”) appeals from a declaratory judgment entered against it by the United States District Court for the Middle District of Pennsylvania after a bench trial, obligating it to defend and indemnify Greenway Center, Inc. (“GCI”) in a wrongful death action brought against GCI in the Monroe County Court of Common Pleas by Annette Maione. The basis for the District Court’s judgment was its conclusion that a defacto merger occurred between GCI and Winco Acquisitions, Inc. d/b/a Greenway Center (“Winco”). Winco is the former…

2Cases cited7 opinions

  1. 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
  2. Berg Chilling Systems, Inc. v. Hull Corporation Sp Industries, IncCourt of Appeals for the Third Circuit · 2006
  3. Continental Insurance v. Schneider, Inc.Supreme Court of Pennsylvania · 2005
  4. American Society for Testing & Materials v. Corrpro Companies, Inc., Michael Baach Warren Rogers Warren Rogers & Associates, IncCourt of Appeals for the Third Circuit · 2007
  5. Greenway Center, Inc. v. Essex Insurance Company, Annette Maione, Individually and as Administrator of the Estate of Mark WilletCourt of Appeals for the Third Circuit · 2007

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3Cited by2 opinions

  1. Johnson v. CORRECTIONAL PHYSICLAN SERVICESDistrict Court, E.D. Pennsylvania · 2010
  2. Maione v. Greenway Center, Inc., Pennsylvania Court of Common Pleas, Monroe County2015

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