EVANS PRODUCTS CO. v. WEST AMERICAN INS. CO.

No. 83-1374.

736 F.2d 920 (1984)

EVANS PRODUCTS CO. and Home Builders Mortgage Corp., Appellees, v. WEST AMERICAN INSURANCE CO., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 18, 1984.


Attorney(s) appearing for the Case

Michael P. McKenna (argued), Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for appellant.

Alan Jay Josel (argued), Menin, Flick & Josel, Norristown, Pa., for appellee.

Before ADAMS and SLOVITER, Circuit Judges, and TEITELBAUM, District Judge.


OPINION OF THE COURT

TEITELBAUM, Chief Judge.

I

This is an appeal from a judgment entered for Evans Products Co. and Home Builders Mortgage Corp. (Evans) and against West American Insurance Co. (West) in an action on an insurance contract. For the reasons set forth below, we vacate and remand for further proceedings.

II

Steven and Patricia Brooks had obtained a homeowners' insurance policy from West with a loss-payable clause...

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