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ALEXANDER & ALEXANDER, INC. v. ROSE

Nos. 81-1933 to 81-1935.

671 F.2d 771 (1982)

ALEXANDER & ALEXANDER, INC., Appellant in No. 81-1933, v. Jack ROSE, Phillip S. Seltzer and Nathan R. Seltzer, Individually and trading as Northern Associates, a partnership, v. ADMIRAL INSURANCE COMPANY, defendant on counterclaim, v. DELAWARE VALLEY UNDERWRITING AGENCY, INC. deft. on pltf's complaint. ALEXANDER & ALEXANDER, INC., v. Jack ROSE, Phillip S. Seltzer and Nathan R. Seltzer, Individually and trading as Northern Associates, a partnership, Appellants in No. 81-1934, v. ADMIRAL INSURANCE COMPANY, defendant on counterclaim, v. DELAWARE VALLEY UNDERWRITING AGENCY, INC. deft. on pltf's complaint. ALEXANDER & ALEXANDER, INC., v. Jack ROSE, Phillip S. Seltzer and Nathan R. Seltzer, Individually and trading as Northern Associates, a partnership, v. ADMIRAL INSURANCE COMPANY, defendant on counterclaim, Appellant in No. 81-1935, v. DELAWARE VALLEY UNDERWRITING AGENCY, INC. deft. on pltf's complaint.

United States Court of Appeals, Third Circuit.

Decided February 26, 1982.

Attorney(s) appearing for the Case

A. Richard Bailey (argued), Cozen, Begier & O'Connor, Philadelphia, Pa., for Alexander & Alexander, Inc., appellant in No. 81-1933 and cross-appellee in Nos. 81-1934 and 81-1935.

Andrew C. Hecker, Jr., William H. Black, Jr. (argued), Hecker, Maginnis, Rainer & Brown, Philadelphia, Pa., for Jack Rose, Phillip S. Seltzer and Nathan R. Seltzer, appellees in Nos. 81-1933 and 81-1935 and cross-appellants in No. 81-1934.

Charles W. Craven (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for Admiral Ins. Co., appellee in Nos. 81-1933 and 81-1934 and cross-appellant in No. 81-1935.

Richard A. Kraemer (argued), Margolis, Edelstein & Scherlis, Philadelphia, Pa., for Delaware Valley Underwriting Agency, Inc., appellee in Nos. 81-1933 to 81-1935.

Before SEITZ, Chief Judge, and ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision in this Pennsylvania diversity case involving an extremely complicated insurance transaction is whether Admiral Insurance Company is liable to its insured, Northern Associates. We also must decide whether the district court erred in holding Admiral jointly liable with Alexander & Alexander, the retail insurance broker who represented Northern. Admiral and Alexander & Alexander...

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