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VLASTOS v. SUMITOMO MARINE & FIRE INS. CO.

No. 82-5514.

707 F.2d 775 (1983)

Evelyn VLASTOS trading as Doggon Sam, 9th and Penn Grill and Greco Lounge v. SUMITOMO MARINE & FIRE INSURANCE CO. (EUROPE) LTD., New India Assurance Co. Ltd., South British Insurance Co., Ltd., Gothaer Versicherunggsbank VVaG, English and American Insurance Co., Ltd., Pine Top Insurance Co., Ltd., Compagnie D'Assurances Maritimes, Aeriennes & Terrestres S.A., Bellefonte Insurance Co., U.K. Branch, Turegum Insurance Co., Yasuda Fire and Marine Insurance Co. (UK) Ltd., Orion Insurance Co., Ltd. SUMITOMO MARINE & FIRE INSURANCE CO. (EUROPE) LTD., New India Assurance Co. Ltd., South British Insurance Co., Ltd., Gothaer Versicherunggsbank VVaG, English and American Insurance Co., Ltd., Pine Top Insurance Co., Ltd., Compagnie D'Assurances Maritimes, Aeriennes & Terrestres S.A., Bellefonte Insurance Co., U.K. Branch, Turegum Insurance Co., Yasuda Fire and Marine Insurance Co. (UK) Ltd., Orion Insurance Co., Ltd. v. Evelyn VLASTOS, trading as Doggon Sam, 9th and Penn Grill and El Greco Lounge. Appeal of Evelyn VLASTOS, t/a Doggon Sam, 9th and Penn Grill and El Greco Lounge.

United States Court of Appeals, Third Circuit.

Decided May 20, 1983.

Attorney(s) appearing for the Case

Carl E. Harvison (argued), Robert S. Grigsby, Michael D. Heintzman, Thomas, Rhodes & Grigsby, Pittsburgh, Pa., for appellant.

William R. Tighe (argued), Tighe, Evan & Ehrman, Pittsburgh, Pa., Elliott M. Kroll (argued), Kroll, Pomerantz & Cameron, New York City, for appellees.

Before ADAMS and GARTH, Circuit Judges and ACKERMAN, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Evelyn Vlastos appeals from a judgment denying her recovery on an insurance policy for a fire that occurred in a commercial building that she owned. Applying Pennsylvania law, the district court declared that Vlastos had unambiguously warranted that the third floor of her building was occupied exclusively as a janitor's residence. Based on this ruling by the court, the jury found that Vlastos had breached the warranty...

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