TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA v. MERICLE

No. 10-3887.

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, f/k/a The Travelers Indemnity Company of Illinois, v. ROBERT K. MERICLE; MERICLE CONSTRUCTION, INC., Appellants.

United States Court of Appeals, Third Circuit.

Filed: June 20, 2012.


Attorney(s) appearing for the Case

R. TED CRUZ, ESQUIRE (ARGUED), Morgan, Lewis & Bockius, 1000 Louisiana Street, Suite 4000, Houston, Texas 77002.

RICHARD F. McMENAMIN, ESQUIRE , Morgan, Lewis & Bockius, 1701 Market Street, Philadelphia, Pennsylvania 19103.

HOWARD M. RADZELY, ESQUIRE , Morgan, Lewis & Bockius, 1111 Pennsylvania Avenue, N.W., Suite 800 North, Washington, D.C. 20004.

KIMBERLY D. BORLAND, ESQUIRE , Borland & Borland, 69 Public Square, 11th Floor, Wilkes-Barre, Pennsylvania 18701, Attorneys for Appellants.

SAMUEL J. ARENA, JR., ESQUIRE (ARGUED), KARL S. MYERS, ESQUIRE , Stradley, Ronon, Stevens & Young, 2600 One Commerce Square, 2005 Market Street, Philadelphia, Pennsylvania 19103, Attorneys for Appellee.

Before: SCIRICA, RENDELL and SMITH, Circuit Judges.


NOT PRECEDENTIAL

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Travelers Property Casualty Company sought a declaratory judgment that a commercial general liability insurance policy issued to Robert Mericle and Mericle Construction did not oblige it to defend or indemnify Mericle in a lawsuit brought by the victims of a corrupt kickback scheme. The District Court found Travelers had no duty to defend or indemnify Mericle and entered judgment in...

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