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FORUM INS. CO. v. ALLIED SEC., INC.

Nos. 88-1583, 88-1596.

866 F.2d 80 (1989)

FORUM INSURANCE CO., an Illinois Corporation v. ALLIED SECURITY, INC., a Pennsylvania corporation; Liberty Mutual Insurance Company, a Massachusetts corporation, and Norman F. Trahey, Administrator of the Estate of Ronald F. Trahey, Deceased. Appeal of ALLIED SECURITY, INC., Appellant in No. 88-1583. Appeal of LIBERTY MUTUAL INSURANCE COMPANY, Appellant in No. 88-1596.

United States Court of Appeals, Third Circuit.

Decided January 24, 1989.

Rehearing and Rehearing Denied February 15, 1989.

Attorney(s) appearing for the Case

William Pietragallo, II (argued), Pietragallo, Bosick & Gordon, Pittsburgh, Pa., for Allied Security, Inc.

Lawrence L. Robinson (argued), Thompson & Pennell, Philadelphia, Pa., for Liberty Mut. Ins. Co.

Stephen W. Trout (argued), Murphy, Taylor & Adams, Philadelphia, Pa., for Forum Ins. Co.

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

Rehearing and Rehearing In Banc Denied February 15, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Vito Vinciguerra, a security guard, attacked and killed Ronald F. Trahey, his fellow employee, while both were on assignment for their employer, Allied Security, Inc. (Allied). In a wrongful death action brought by the estate of Trahey against Allied in the Philadelphia County Court of Common Pleas, the jury found

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