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AUTOMOBILE UNDERWRITERS, INC. v. FIREMANS FUND INS. COMPANIES

No. 88-3850.

874 F.2d 188 (1989)

AUTOMOBILE UNDERWRITERS, INC., Appellant, Pauline Nelson and Donald Nelson, Intervening Plaintiffs, v. FIREMAN'S FUND INSURANCE COMPANIES v. LIBERTY MUTUAL INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided May 16, 1989.

Attorney(s) appearing for the Case

Jan C. Swensen, Swensen & Perer, Pittsburgh, Pa., for appellant, Auto. Underwriters, Inc.

Jane Ann Thompson, Maria Zulick, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, Pa., for appellee, Fireman's Fund Ins. Companies.

Before SEITZ, SLOVITER, and GREENBERG, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 18, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

This case involves the construction of an "other insurance" clause in an insurance policy providing coverage to a car dealership that leased a car to a customer while his car was being fixed. The customer struck and killed a pedestrian while driving this rented car. The question presented is whether the clause...

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