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AETNA CAS. & SUR. CO. v. DUNCAN

No. 92-3038.

972 F.2d 523 (1992)

The AETNA CASUALTY & SURETY COMPANY, Appellant, v. David J. DUNCAN and Linda D. Duncan; Michael J. Duncan; Stephen T. Bickel; and Paul Catherman, t/d/b/a Pleasant Valley Auto Sales.

United States Court of Appeals, Third Circuit.

Decided August 14, 1992.

Attorney(s) appearing for the Case

Nancy DeCarlo Fabi (argued), Zimmer, Kunz, Loughren, Hart, Lazaroff, Trenor, Banyas & Conaway, P.C., Pittsburgh, Pa., for appellant Aetna Casualty & Surety Co.

Alan R. Krier (argued), Altoona, Pa., for appellee Stephen T. Bickel.

Dennis J. Stofko (argued), Johnstown, Pa., for appellee Paul Catherman t/d/b/a Pleasant Valley Auto Sales.

Before: SLOVITER, Chief Judge, STAPLETON and SEITZ, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Aetna Casualty & Surety Company ("Aetna") issued a liability policy to David and Linda Duncan containing the following exclusionary clauses:

We do not provide liability coverage:

. . . . . 9. For the ownership, maintenance or use of any vehicle, other than your covered auto, which is owned by you or furnished or available for your regular use. 10. For the ownership, maintenance...

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