NATIONWIDE MUT. FIRE INS. CO. v. PIPHER

No. 97-1282.

140 F.3d 222 (1998)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY OF COLUMBUS, OHIO v. Linda PIPHER; Francis McFadden; Francis McFadden, as Trustee Ad Litem for Virginia Elizondo, Michael Dario and Kristen Dario; Virginia Elizondo; Michael Dario; Kristine Dario; Ernest Schafer; Rose Schafer; Ian S. Wood, Philadelphia Phot # 724409 Prisoner # 9608644. Linda Pipher, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 17, 1998.


Attorney(s) appearing for the Case

Thomas M. Going, German, Gallagher & Murtagh, Philadelphia, PA, for Appellee.

Robert H. Nemeroff, Jaffe, Friedman, Schuman, Schilla, Nemeroff & Applebaum, Elkins Park, PA, for Appellant.

Before: STAPLETON, ALITO, and ROSENN, Circuit Judges.


Submitted Under Third Circuit LAR 34.1(a) Oct. 15, 1997.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents an important question pertaining to the meaning of the term "occurrence" as used in a liability insurance policy. Specifically, it raises the issue whether bodily injury or death, directly caused by the intentional act of a third party but also attributable to the negligence of the policy-holder-insured, constitutes an "occurrence...

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