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FIREMAN'S INS. CO. OF NEWARK, N. J. v. DuFRESNE

No. 81-2684.

676 F.2d 965 (1982)

FIREMAN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellant, v. Raymond DuFRESNE.

United States Court of Appeals, Third Circuit.

Decided April 15, 1982.

Attorney(s) appearing for the Case

Charles W. Craven (argued), Jo Fineman White, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for appellant.

Allen L. Feingold (argued), Philadelphia, Pa., for appellee.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Fireman's Insurance Company of Newark, New Jersey (Fireman's) appeals from the grant of summary judgment in favor of Raymond DuFresne, requiring Fireman's to submit to arbitration DuFresne's claim for uninsured motorist coverage. Since the undisputed affidavits on file establish that the accident on which DuFresne's claim is based did not involve an uninsured motorist, we reverse and direct that summary judgment...

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