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12TH STREET GYM, INC. v. GENERAL STAR INDEM. CO.

Nos. 95-1845, 95-1846.

93 F.3d 1158 (1996)

12TH STREET GYM, INC., Robert Guzzardi, Appellants at No. 95-1864, v. GENERAL STAR INDEMNITY COMPANY, Appellant at No. 96-1845.

United States Court of Appeals, Third Circuit.

Decided August 28, 1996.

Attorney(s) appearing for the Case

William H. Black, Jr., Hecker, Brown, Sherry & Johnson, Philadelphia, Pennsylvania, for Appellant/Cross-Appellee, General Star Indemnity Company.

H. Graham McDonald, Turner & McDonald, Philadelphia, Pennsylvania, for Appellees/Cross-Appellants, 12th Street Gym, Inc. and Robert Guzzardi.

Before: SCIRICA, ROTH and GODBOLD, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) May 2, 1996.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether a liability insurance policy's Sexually Transmitted Disease Exclusion excludes coverage for claims arising out of a gym member's expulsion from a gym due to his Acquired Immune Deficiency Syndrome ("AIDS"). Because we believe the Sexually Transmitted Disease Exclusion...

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