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OCCIDENTAL FIRE & CAS. CO. OF N.C. v. BROCIOUS

Nos. 84-3765, 84-3766.

772 F.2d 47 (1985)

OCCIDENTAL FIRE AND CASUALTY COMPANY OF NORTH CAROLINA, Appellant in No. 84-3766, v. Joseph L. BROCIOUS and Joseph R. Gonzalez, as Administrator of the Estate of Christopher S. Gonzalez. Appeal of BUCKEYE UNION INSURANCE COMPANY, Intervenor, Appellant in No. 84-3765.

United States Court of Appeals, Third Circuit.

Decided September 12, 1985.

Attorney(s) appearing for the Case

Wallace J. Knox (argued), Richard E. Bordonaro, Knox, Graham, McLaughin, Gornall & Sennett, Inc., Erie, Pa., for appellant/cross-appellee Occidental Fire and Cas. Co. of North Carolina.

Robert C. Ward (argued), Dunn & Conner, Erie, Pa., for appellee/cross-appellant Buckeye Union Ins. Co.

Michael L. Carr, Erie, Pa., for appellee Joseph L. Brocious.

William J. Kelly, Craig A. Markam, Elderkin, Martin, Kelly, Messina & Zamboldi, Erie, Pa., for appellee Joseph R. Gonzalez, as Adm'r of Estate of Christopher S. Gonzalez.

Before SEITZ, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

APPEAL OF OCCIDENTAL

A.

Occidental Fire and Casualty Company of North Carolina (Occidental) brought this declaratory judgment action in federal court on the basis of diversity jurisdiction to determine its duty to defend and indemnify Joseph L. Brocious for an accident that occurred on August 15, 1983 when the tractor-trailer that Brocious was operating struck and killed Christopher...

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