Legal Opinion
12th Street Gym, Inc., Robert Guzzardi, at No. 95-1864 v. General Star Indemnity Company, at No. 96-1845
Court of Appeals for the Third Circuit
Decided August 28, 1996No. 95-1845, 95-1846PublishedCited by 37 opinions
1Opinion of the Court
*1160OPINION OF THE COURT
SCIRICA, Circuit Judge.
The issue on appeal is whether a liability insurance policy’s Sexually Transmitted Disease Exclusion excludes coverage for claims arising out of a gym member’s expulsion from a gym due to his Acquired Immune Deficiency Syndrome (“AIDS”). Because we believe the Sexually Transmitted Disease Exclusion is ambiguous, we will vacate the district court’s judgment that the exclusion does not bar coverage, and remand for the factfinder to consider extrinsic evidence on the exclusion’s meaning.
I. Background
The plaintiffs, 12th Street Gym, Inc. (“Gym”) and its…
2Cases cited26 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Standard Venetian Blind Co. v. American Empire InsuranceSupreme Court of Pennsylvania · 1983
- Hutchison v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1986
- Corabi v. Curtis Publishing Co.Supreme Court of Pennsylvania · 1971
- Birl v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1960
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3Cited by37 opinions
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- Stone Container Corporation v. Hartford Steam Boiler Inspection and Insurance Company, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1999
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