BERGER v. U.S. FIDELITY & GUAR. CO.

Nos. 86-5863, 86-5864.

834 F.2d 1154 (1987)

James M. BERGER, Appellant in 86-5863, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a Corporation of the State of Maryland, Appellant in 86-5864, and Fitchburg Mutual Insurance Company, a Corporation of Massachusetts, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 30, 1987.


Attorney(s) appearing for the Case

Francis J. Orlando (argued), Brady & Orlando, P.C., Haddonfield, N.J., for appellant in No. 86-5863, James M. Berger.

Michael J. O'Mara (argued), Martin, Crawshaw & Mayfield, Westmont, N.J., for appellant in No. 86-5864, U.S. Fidelity & Guar. Co.

Anthony P. Pasquarelli, Methfessel & Werbel, Rahway, N.J., for appellee Fitchburg Mut. Ins. Co.

Before: HIGGINBOTHAM, BECKER and HUNTER, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

These appeals are from grants of summary judgment in a declaratory judgment action arising out of an insurance coverage dispute between James M. Berger, an injured guest in a motor vehicle accident, and two carriers issuing policies to the owner of the vehicle in which Berger was riding and to the owner's business. The appeals involve questions about four different insurance

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