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TRUSTEES OF UNIV. OF PA. v. LEXINGTON INS. CO.

Nos. 86-1115, 86-1195.

815 F.2d 890 (1987)

The TRUSTEES OF the UNIVERSITY OF PENNSYLVANIA, Appellee, v. LEXINGTON INSURANCE COMPANY, Appellant, v. AFFILIATED RISK CONTROL ADMINISTRATORS OF PENNSYLVANIA, INC. and Insurance Company of North America, Aetna Insurance Company, Cigna Companies and Johnson & Higgins of Pennsylvania, Inc. and Alexander & Alexander, Inc. and Duane Morris & Heckscher, a Pennsylvania Partnership and McCabe, James J. Esquire individually and Medical Professional Liability Catastrophe Loss Fund.

United States Court of Appeals, Third Circuit.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Harvey Bartle, III (argued), Judy Yun, Dechert Price & Rhoads, Philadelphia, Pa., for appellee.

Robert A. Korn (argued), Glenn F. Rosenblum, Philip A. Tordella, Robert D. Billet, Korn, Kline & Kutner, Philadelphia, Pa., for appellant.

David B. Adams, Philadelphia, Pa., for appellee, Affiliated Risk Control Administrators.

Before GIBBONS, Chief Judge, BECKER, Circuit Judge and BROWN, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal, from a judgment entered on a jury verdict in favor of an insured against its excess carrier, raises several questions of Pennsylvania insurance law. The Trustees of the University of Pennsylvania, the corporate owner of the Hospital of the University of Pennsylvania ("HUP"), and the plaintiffs in the district court, won a $4.8 million judgment in compensatory damages against the Lexington Insurance...

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