ERIE INS. EXCHANGE v. STARK

Nos. 90-2452, 90-2460.

962 F.2d 349 (1992)

ERIE INSURANCE EXCHANGE, Plaintiff-Appellant, v. Ray E. STARK; Dottie K. Stark, Defendants-Appellees. ERIE INSURANCE EXCHANGE, Plaintiff-Appellee, v. Ray E. STARK; Dottie K. Stark, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1992.


Attorney(s) appearing for the Case

Paul K. Geer, Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., argued, for Erie Ins. Exchange.

C. Robert Loskot, Bernstein, Sakellaris & Ward, Baltimore, Md., argued (Charles G. Bernstein, on brief), for Ray and Dottie Stark.

Before PHILLIPS, Circuit Judge, HALLANAN, United States District Judge for the Southern District of West Virginia, sitting by designation, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

PHILLIPS, Circuit Judge:

This is an appeal and cross-appeal growing out of the denial by Erie Insurance Exchange (Erie) of a claim by Ray and Dottie Stark for fire damage loss under their homeowner's policy with Erie. The principal issue is whether the policy covered the loss, which indisputably was caused by Ray Stark's setting fire to the residence in the course of an alleged effort to commit suicide by self-immolation. We conclude that genuine...

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