CONTRANS, INC. v. RYDER TRUCK RENTAL, INC.

Nos. 87-3006, 87-3033.

836 F.2d 163 (1987)

CONTRANS, INC., David J. Early and St. Paul Fire and Marine Insurance Company, Appellants in 87-3033 v. RYDER TRUCK RENTAL, INC., Old Republic Insurance Company, A-1 Disposal, Inc., Charles R. Toney and American Universal Insurance Company, Appeal of RYDER TRUCK RENTAL, INC. and Old Republic Insurance Company.

United States Court of Appeals, Third Circuit.

Decided December 31, 1987.

Rehearing Denied January 27, 1988.


Attorney(s) appearing for the Case

Mark E. Mioduszewski (argued), Knox, Graham, McLaughlin, Gornall and Sennett, Inc., Erie, Pa., for appellees.

Edward L. McCandless, Jr. (argued), Steinberg & Girsh, P.C., Philadelphia, Pa., for appellants.

Before HIGGINBOTHAM and BECKER, Circuit Judges and BARRY, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal and cross appeal from the grant of summary judgment by the district court in a declaratory judgment action between two insurance companies requires us to determine whether an insurance policy term constitutes an "escape" clause. Generally, courts will not give effect to escape clauses and will instead render the would-be escaper's coverage primary. The appeals also require us to resolve a second coverage...

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