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ERCOLANI v. EXCELSIOR INS. CO.

Nos. 86-5613, 86-5629.

830 F.2d 31 (1987)

John ERCOLANI and Elaine Ercolani, Appellants in 86-5613, v. EXCELSIOR INSURANCE COMPANY, Appellant in 86-5629.

United States Court of Appeals, Third Circuit.

Decided October 5, 1987.

Attorney(s) appearing for the Case

Michael R. Needle (argued), Philadelphia, Pa., for appellants, cross-appellees, John Ercolani and Elaine Ercolani.

Christopher P. Leise (argued), Michael O. Kassak, Cherry Hill, N.J., White and Williams, of counsel, for appellee, cross-appellant, Excelsior Ins. Co.

Before GIBBONS, Chief Judge, WEIS, Circuit Judge, and KELLY, District Judge.

OPINION OF THE COURT

GIBBONS, Chief Judge:

In this diversity declaratory judgment suit by a policy owner against the issuer of a named peril homeowners' insurance policy, the policyholders, John and Elaine Ercolani, appeal from a judgment in favor of the issuer, Excelsior Insurance Company. The judgment was entered after a bench trial in which the trial court found that the physical loss for which the Ercolanis sought recovery was "a collapse of a building...

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