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RAD SERVICES, INC. v. AETNA CAS. AND SUR. CO.

No. 86-3044.

808 F.2d 271 (1986)

RAD SERVICES, INC., Appellant v. AETNA CASUALTY AND SURETY COMPANY.

United States Court of Appeals, Third Circuit.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Thomas M. Mulroy (argued), Pillar and Mulroy, P.C., Pittsburgh, Pa., for appellant.

Avrum Levicoff (argued), Egler, Anstandig, Garrett & Riley, Pittsburgh, Pa., for appellee.

Before WEIS, MANSMANN, and HUNTER, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This case presents us with an issue of first impression raised but not reached in Lionti v. Lloyd's Insurance Co., 709 F.2d 237 (3d Cir.), cert. denied, 464 U.S. 995, 104 S.Ct. 490, 78 L.Ed.2d 685 (1983). Unlike the Lionti majority, we must decide the primary question of whether a defendant may introduce as substantive evidence the fact that non-party agents...

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