IN RE SAN JUAN DUPONT PLAZA HOTEL FIRE LITIGATION

Nos. 93-2115, 93-2116.

45 F.3d 569 (1995)

In re SAN JUAN DUPONT PLAZA HOTEL FIRE LITIGATION. William LYON and Holders Capital Corporation, Appellants, Cross-Claimants, and Cross-Defendants, v. PACIFIC EMPLOYERS INSURANCE COMPANY and First State Insurance Company, Appellees, Cross-Defendants, and Cross-Claimants.

United States Court of Appeals, First Circuit.

Decided January 27, 1995.


Attorney(s) appearing for the Case

Maureen E. Mahoney and Theodore A. Pianko with whom Milton A. Miller, Michael Bruce Abelson, Max L. Gillam, Latham & Watkins, Los Angeles, CA, Etienne Totti Del Valle, Dominguez & Totti, Hato Rey, PR, and Sidley & Austin, Los Angeles, CA, were on joint briefs, for William Lyon and Holders Capital Corp.

Ralph W. Dau with whom Peter B. Ackerman, O'Melveny & Myers, Los Angeles, CA, Raul E. Gonzalez-Diaz, A.J. Bennazar-Zequeira and Gonzalez & Bennazar, Hato Rey, PR, were on brief, for Pacific Employers Ins. Co.

Homer L. Marlow with whom Marlow, Connell, Valerius, Abrams, Lowe & Adler, Miami, FL, was on brief, for First State Ins. Co.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.


BOUDIN, Circuit Judge.

These two appeals stem from the third and final phase of the San Juan Dupont Plaza Hotel fire litigation1 and concern insurance coverage. Appellants William Lyon and Holders Capital Corporation ("Holders") challenge the district court's determination that certain excess liability policies issued by Pacific Employers Insurance Company ("PEIC") and First State Insurance Company ("FSIC") to Lyon and others do not cover...

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