ST. PAUL FIRE AND MARINE INS. CO. v. LEWIS

Nos. 90-1810, 90-1821 to 90-1823.

935 F.2d 1428 (1991)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. Barbara LEWIS, Nya Lewis, Khalid Lewis, John Mincy, Shahida Mincy, Sheila M. Furey, Administratrix of the Estate of John Charles Furey, Deceased, Delaware River Port Authority of Pennsylvania and New Jersey, Andrew Klinghoffer. Barbara Lewis, Nya Lewis, Khalid Lewis, Appellants in 90-1810, John Mincy and Shahida Mincy, Appellants in 90-1821, Delaware River Port Authority of Pennsylvania and New Jersey, Appellants in 90-1822, Sheila M. Furey, Administratrix of the Estate of John Charles Furey, Deceased, Appellant in 90-1823.

United States Court of Appeals, Third Circuit.

Decided June 27, 1991.

Rehearing and Rehearing Denied July 24, 1991.


Attorney(s) appearing for the Case

Martha J. Fessenden, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for appellant Nos. 90-1810/1821/1822/1823 Delaware River Port Authority of Pennsylvania and N.J.

James C. Haggerty (argued), Cynthia E. Covie, Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellee Nos. 90-1810/1821/1822/1823 St. Paul Fire and Marine Ins. Co.

Lawrence A. Katz (argued), Coffey & Kaye, Bala Cynwyd, Pa., for appellant No. 90-1823 Sheila M. Furey.

Ronald A. White, Philadelphia, Pa., for appellants No. 90-1810 Barbara Lewis, Nya Lewis and Khalid Lewis.

Paul R. Sacks, Berkowitz & Leabman, Philadelphia, Pa., for appellants No. 90-1821 John and Shahida Mincy.

Before HUTCHINSON, COWEN and GARTH, Circuit Judges.


Rehearing and Rehearing In Banc Denied July 24, 1991.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises from a declaratory judgment action in which St. Paul Fire and Marine Insurance Company ("St. Paul") seeks a determination that the adult son of its policy holder is not covered by an insurance policy it issued. The dispute turns on the meaning of the phrase "living with" in the insurance policy. We find the policy to be unambiguous...

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