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AIR PRODUCTS & CHEMICALS, INC. v. HARTFORD ACC. & INDEM. CO.

Nos. 91-1681, 91-1682.

25 F.3d 177 (1994)

AIR PRODUCTS AND CHEMICALS, INC., Plaintiff, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY; and Liberty Mutual Insurance Company; and Aetna Casualty and Surety Company, Defendants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.; and The Travelers Insurance Company, Third-Party Defendants, v. AIR PRODUCTS & CHEMICALS, INC., Third-Party Defendant, Aetna Casualty and Surety Company, Appellant No. 91-1681, Hartford Accident & Indemnity Company, Appellant No. 91-1682.

United States Court of Appeals, Third Circuit.

Decided May 31, 1994.

Attorney(s) appearing for the Case

Valerie J. Munson (argued), Daniel W. Cantu-Hertzler, Miller Dunham Doering & Munson, P.C., Philadelphia, PA, for appellant Aetna Cas. & Sur. Co.

George W. Mayo, Jr. (argued), Teresa C. Plotkin, Jonathan T. Rees, Hogan & Hartson, Washington, DC, John M. Fitzpatrick, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, PA, for appellant Hartford Acc. & Indem. Co.

Sherry W. Gilbert (argued), Anthony F. King, Howrey & Simon, Washington, DC, Stephen S. Ferrara, Richard H. Albert, Law Dept. Air Products & Chemicals, Inc., Allentown, PA, for appellee Air Products & Chemicals, Inc.

Before: MANSMANN, NYGAARD, and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

These appeals principally involve the duty of two insurance carriers under Pennsylvania law to defend their insured in numerous actions instituted against it. The carriers contend that the claims asserted against their insured could not have arisen during the periods of their policy coverage. Additionally, if such duties to defend are found, they assert that the proper allocation of defense and indemnity costs must...

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