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AETNA LIFE & CAS. CORP. v. MARAVICH

No. 86-3757.

824 F.2d 266 (1987)

AETNA LIFE & CASUALTY CORPORATION, a corporation, and the Standard Fire Insurance Company, a corporation v. David G. MARAVICH and Donna M. Maravich, his wife, and Gene A. Pietragallo d/b/a Interior Services by Pietragallo. Appeal of David G. MARAVICH and Donna M. Maravich, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 27, 1987.

Attorney(s) appearing for the Case

Gerard J. Cipriani, Cashman & Cipriani, Pittsburgh, Pa., for appellants, David G. Maravich and Donna M. Maravich.

Paul K. Geer, Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., for appellees, Aetna Life & Cas. Corp. and The Standard Fire Ins. Co.

William F. Ward, Frank G. Salpietro, Meyer, Unkovic & Scott, Pittsburgh, Pa., for appellee, Gene A. Pietragallo, d/b/a Interior Services by Pietragallo.

Before HIGGINBOTHAM, SLOVITER, and STAPLETON, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) July 17, 1987.

OPINION OF THE COURT

SLOVITER Circuit Judge.

The issue raised by this appeal is whether an innocent wife who receives one-half of the fire insurance covering a residence held as a tenancy by the entireties which was damaged by a fire set by her husband must repay in full the cost of repairs to the property.

I.

Facts

In a state court proceeding brought by David...

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