VARGAS v. HUDSON COUNTY BD. OF ELECTIONS

Nos. 91-5029, 91-5048, 91-5049 and 91-5051.

949 F.2d 665 (1991)

Josephine VARGAS, Martin Ellerbee, Marion Gargiulo, Joann Wheeler, Janice Sellers, Maria Rivera, Margarita Gonzalez, Appellants in No. 91-5049 v. HUDSON COUNTY BOARD OF ELECTIONS, Hudson County Superintendent of Elections, Gerald McCann, individually and in his official capacity as former Mayor of the City of Jersey City, Matthew Burns; John Finn, Mark Munley. Hudson County Superintendent of Elections, Appellant in No. 91-5048. Hudson County Board of Elections, Appellant in No. 91-5051. Gerald McCANN v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; J.R. Insurance Brokerage, Inc., and Johnson Excess Limited. John J. FINN v. J.R. INSURANCE BROKERAGE, INC., Johnson Excess Limited, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania. Mark MUNLEY v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, J.R. Insurance Brokerage, Inc., and Johnson Excess Limited. Matthew BURNS v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, J.R. Insurance Brokerage, Inc., and Johnson Excess Limited, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Appellant in No. 91-5029.

United States Court of Appeals, Third Circuit.

Decided November 20, 1991.

As Amended December 4, 1991.

Rehearing and Rehearing Denied January 3, 1992.


Attorney(s) appearing for the Case

William J. Prout, Jr. (argued), George Gerard Campion, Gina J. Giongrete, Tompkins, McGuire & Wachenfeld, Newark, N.J., Michael B. Wallace, Luther T. Munford, Phelps Dunbar, Jackson, Miss., for Nat. Union Fire Ins. Co. of Pittsburgh, Pa.

Samuel Issacharoff (argued), Austin, Tex., Barbara Arnwine, Frank Parker, Lawyers Committee for Civil Rights Under Law, Washington, D.C., Juan Cartagena, Ruben Franco, Arthur Baer, Puerto Rican Legal Defense & Education Fund, New York City, for Josephine Vargas, Martin Ellerbee, Marion Gargiulo, Joann Wheeler, Janice Sellers, Maria Rivera and Margarita Gonzalez.

Harold J. Ruvoldt, Jr. (argued), Ruvoldt & Ruvoldt, P.A., Joseph P. Healy, Jersey City, N.J., for Gerald McCann.

Morris M. Schnitzer (argued), Roseland, N.J., Gilbert W. Bowman, Bruinooge & Associates, Rutherford, N.J., for Mark Munley.

Robin B. Horn, Saiber Schlesinger Satz & Goldstein, Newark, N.J., for Matthew Burns.

Clifford A. Herrington (argued), Margulies, Wind, Herrington & Katz, Jersey City, N.J., for Hudson County Bd. of Elections.

Arthur L. Porter, Jr., (argued), Allan H. Klinger, Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, Roseland, N.J., for Hudson County Superintendent of Elections.

John J. Sheehy (argued), Sheehy & Sheehy, Jersey City, N.J., for J.R. Ins. Brokerage, Inc.

Before COWEN, NYGAARD, and WEIS, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 3, 1992.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we determine that attorney's fees owed to a third-party were an element of damages sought by an indemnitee and, therefore, earlier rulings by the district court did not become appealable until an order quantified those fees. We also conclude that the district court did not err in finding that an insurer owed coverage for civil rights violations...

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