LaCOURSE v. FIREMEN'S INS. CO. OF NEWARK, N.J.

No. 84-1285.

756 F.2d 10 (1985)

Arthur J. LaCOURSE, on behalf of the Estate of Peter LaCOURSE, Deceased, Appellee, v. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 4, 1985.

Rehearing Denied April 5, 1985.

As Amended April 5, 1985.


Attorney(s) appearing for the Case

Roger J. Harrington (argued), O'Brien & O'Brien Associates, Philadelphia, Pa., for appellant.

Lawrence J. Fox (argued), Sharon L. Klingelsmith, Drinker Biddle & Reath, Philadelphia, Pa., for appellee.

Before ADAMS and WEIS, Circuit Judges, and HARRIS, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this case the district court concluded that the words "amount of damages" contained in an automobile insurance policy's arbitration clause require its application to a dispute about policy limits. We come to the opposite conclusion and vacate an order in favor of the insured. Because other issues remain, we will remand for further proceedings.

In response to the plaintiff insured's request for injunctive...

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