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EASTERN ASSOCIATED COAL v. AETNA CAS. & SUR.

Nos. 79-2397, 79-2398.

632 F.2d 1068 (1980)

EASTERN ASSOCIATED COAL CORP., Appellant in No. 79-2397, v. AETNA CASUALTY & SURETY COMPANY; American Home Assurance Company; Highlands Insurance Company; Home Insurance Company; First State Insurance Company; Leonard Ronald Hayward and all other Underwriters at Lloyds subscribing to policy # 2080712; Excess Insurance Company, Ltd.; Indemnity Guarantee Assurance Ltd.; London & Edinburgh Insurance Company, Ltd.; Yasuda Fire & Marine Insurance Ltd.; Nichido Fire & Marine Insurance Co. Ltd.; Turegum Insurance Co., Ltd.; and Baloise Insurance Co., Appellants in No. 79-2398.

United States Court of Appeals, Third Circuit.

Decided September 23, 1980.

Attorney(s) appearing for the Case

Raymond G. Hasley (argued), Brian W. Ashbaugh, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, Pa., for appellant in No. 79-2397 and cross-appellee in No. 79-2398.

Stuart Cotton (argued), John Mezzacappa, Rein, Mound & Cotton, New York City, and Samuel P. Gerace, Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., for appellees in No. 79-2397 and cross-appellants in No. 79-2398.

Before ADAMS, VAN DUSEN and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This diversity case involves cross-appeals from a partial grant of the defendants' motion for judgment notwithstanding the verdict. The jury awarded Eastern Associated Coal Corporation (Eastern) $4,736,377. under a business interruption insurance policy held with the defendant insurers for losses incurred due to the closing of Eastern's Joanne Mine after an underground fire. The defendants moved for judgment...

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