ALLSTATE INS. CO. v. GAMMON

No. 87-1302.

838 F.2d 73 (1988)

ALLSTATE INSURANCE COMPANY, Appellee, v. Michael B. GAMMON, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 8, 1988.


Attorney(s) appearing for the Case

Theodore P. Winicov (argued), Arnold H. Winicov, Yaskin and Winicov, Philadelphia, Pa., for appellant.

Francis F. Quinn (argued), Madeline Baio Martin, Liebert, Short, Fitzpatrick & Hirshland, Philadelphia, Pa., for appellee.

Before SLOVITER, BECKER, and COWEN, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal poses two questions for adjudication. First, was the insurance company plaintiff entitled to a judicial, as opposed to an arbitrator's, determination whether a claimant is a "person insured" under a particular automobile insurance policy. Second, if the company has a right to a judicial determination of this question, did the United States District Court have jurisdiction to make that determination....

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