AMERICAN HOME ASSUR. v. SUNSHINE SUPERMARKET

No. 84-3021.

753 F.2d 321 (1985)

AMERICAN HOME ASSURANCE COMPANY, Appellant, v. SUNSHINE SUPERMARKET, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided February 1, 1985.


Attorney(s) appearing for the Case

R. Eric Moore, Christiansted, St. Croix, V.I., James L. Carroll [argued], Watkins & Eager, Jackson, Miss., for appellant.

Edward J. Ocean [argued], Christiansted, St. Croix, V.I., Yamil Galib Frangie, San German, P.R., for appellee.

Before SEITZ, GIBBONS and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

The American Home Assurance Company ("American Home") appeals from a judgment entered after a jury trial. American Home brought this declaratory judgment action for a declaration that it was not liable under the policy issued to Sunshine Supermarket, Inc. ("Sunshine"). Sunshine counterclaimed under the policy for its losses and for damages due to American Home's refusal to pay in a timely manner. This court has...

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