AMERICAN AUTO. INS. CO. v. MURRAY

Nos. 09-1106, 09-1248.

658 F.3d 311 (2011)

AMERICAN AUTOMOBILE INSURANCE COMPANY v. Tyrone MURRAY; Tyrone Murray doing business as Olney Business Center; Ennie, Inc. doing business as Sam's Beer Distributor; *Edward R. Easter, as Executor of the Estate of James S. Easter, Jr.; Jeannette I. Easter, as the Administrator of the Estate of Jessica Lynne Easter; Stephen L. Meloni Ennie, Inc. d/b/a Sam's Beer Distributor, Appellant. (Amended Pursuant to Fed. R. App. P. 43(a) See Clerk's Order dated 11/17/09). American Automobile Insurance Company v. Tyrone Murray; Tyrone Murray doing business as Olney Business Center; Ennie, Inc. doing business as Sam's Beer Distributor; *Edward R. Easter as Executor of the Estate of James S. Easter, Jr.; *Jeannette I. Easter as the Administrator of the Estate of Jessica Lynne Easter; Stephen L. Meloni *Jeannette I. Easter, as the Administrator of the Estate of Jessica Lynne Easter, Appellant (Amended pursuant to Fed. R. App. P. 43(a) See Clerk's Order dated 11/17/09).

United States Court of Appeals, Third Circuit.

September 7, 2011.


Attorney(s) appearing for the Case

Roberta D. Pichini, Esq. , Thomas Martin, Esq. (Argued), Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, Philadelphia, PA, for Appellants Edward R. Easter and Jeannette I. Easter, Administrators.

John J. D'Lauro, Esq. , D'Lauro & Dickerson, PC, Philadelphia, PA, for Appellant Ennie, Inc., d/b/a Sam's Beer Distributor.

Bethany Culp (Argued), Douglas A. Johns , Hinshaw & Culbertson LLP, Minneapolis, MN, Joseph C. Monahan , Braden Borger , Saul Ewing LLP, Philadelphia, PA, for Appellee American Automobile Insurance Company.

Scott E. Miller, Esq. , Ardmore, PA, for Appellees Tyrone Murray and Olney Business Center.

Before: McKEE, Chief Judge, AMBRO, and CHAGARES, Circuit Judges.


OPINION

CHAGARES, Circuit Judge.

James S. Easter, Jr.1 and Ennie, Inc. ("Ennie") appeal the District Court's grant of summary judgment to American Automobile Insurance Company ("AAIC") and denial of their motion for summary judgment in this declaratory judgment action. Specifically, AAIC sought and received a declaratory judgment that its insured, insurance agent Tyrone Murray, is not covered under its professional liability...

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