PACIFIC INDEM. CO. v. LINN

Nos. 84-1444, 84-1445, 84-1461, and 84-1462.

766 F.2d 754 (1985)

PACIFIC INDEMNITY COMPANY v. LINN, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, Executor of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty deft. Appeal of AETNA INSURANCE COMPANY, Appellant in No. 84-1444. PACIFIC INDEMNITY COMPANY v. LINN, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, Executor of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty deft. Appeal of NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant in No. 84-1445, PACIFIC INDEMNITY COMPANY, Appellant in No. 84-1461, v. LINN, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, Executor of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty deft. PACIFIC INDEMNITY COMPANY v. LINN, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, Executor of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty deft. Appeal of PENNSYLVANIA PROFESSIONAL LIABILITY JOINT UNDERWRITING ASSOCIATION, Appellant in No. 84-1462.

United States Court of Appeals, Third Circuit.

Decided June 27, 1985.


Attorney(s) appearing for the Case

Charles W. Craven, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for appellant in No. 84-1444 Aetna Ins. Co.

Joseph T. Bodell, Jr., Kevin Canavan, Swartz, Campbell & Detweiler, Philadelphia, Pa., Counsel for appellant in No. 84-1445 Nationwide Mut. Fire Ins. Co.

Tina L. Nugent, J. Grant McCabe, III, Henry H. Janssen, Rawle & Henderson, Philadelphia, Pa., for appellant in No. 84-1461 Pacific Indem. Co.

Jay J. Lambert, Beatrice O'Donnell, Duane, Morris & Hecksher, Philadelphia, Pa., for appellant in No. 84-1462 Pa. Professional Liability Joint Underwriting Ass'n.

Jay S. Ruder, Walter W. Rabin, Meltzer & Schiffrin, Philadelphia, Pa., for appellees, Robert Linn, D.O., Stephen D. Moses, D.O., and Robert Linn Medical Associates.

John A. Guernsey, DeStefano & Guernsey, Philadelphia, Pa., for appellees, Interstate Fire and Cas. Co. and Chicago Ins. Co.

Before ALDISERT, Chief Judge, GIBBONS, Circuit Judge, and DIAMOND, District Judge.


Submitted Under Third Circuit Rule 12(6), June 17, 1985.

OPINION OF THE COURT

ALDISERT, Chief Judge.

These complex appeals arise from a declaratory judgment action brought by Pacific Indemnity Company (Pacific) to determine which insurance company, if any, must defend and indemnify claims against Robert Linn, D.O., which have been or may be asserted on behalf of persons who read Dr. Linn's book, The Last Chance Diet, followed the diet program...

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