CONTINENTAL INS. CO. v. BODIE

Nos. 81-1253, 81-1416/17.

682 F.2d 436 (1982)

CONTINENTAL INSURANCE CO., Appellant, v. Kenneth BODIE, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 28, 1982.


Attorney(s) appearing for the Case

Robert Zimmerman, Gamal & Zimmerman Associates, Christiansted, St. Croix, V. I., for appellant; Dante Mattioni (argued), Francis X. Kelly, Mattioni, Mattioni & Mattioni, Ltd., Philadelphia, Pa., of counsel.

Thomas Alkon (argued), Christiansted, St. Croix, V. I., for appellee.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and WEINER, District Judge.


OPINION OF THE COURT

WEINER, District Judge.

This is an appeal from the denial of plaintiff-appellant's motion for summary judgment, grant of defendant-appellee's cross-motion for summary judgment, and entry of judgment in favor of defendant-appellee and declaring defendant-appellee an insured driver under plaintiff-appellant's liability insurance policy. Because we conclude that there are disputed issues of fact so that summary judgment was inappropriate...

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