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RELIANCE INS. CO. v. MOESSNER

No. 95-1899.

121 F.3d 895 (1997)

RELIANCE INSURANCE COMPANY v. Mark MOESSNER and Marcia Moessner, Assignees of VE Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 5, 1997.

As Amended August 28, 1997.

Attorney(s) appearing for the Case

John A. MacDonald (argued), Robert E. Frankel, Anderson, Kill & Olick, Martin K. Brigham, Eunice Trevor, Galfand, Berger, Lurie, Brigham, Jacobs, Swan, Jurewicz & Jensen, Philadelphia, PA, for Appellants Mark Moessner and Marcia Moessner, Assignees of VE Corp.

Leslie A. Hayes (argued), T. David Williams, Jr., Connolly, Epstein, Chicco, Foxman Engelmyer & Ewing, Philadelphia, PA, for Appellee Reliance Insurance Co.

James L. Griffith, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, for VE Corp.

Thomas W. Brunner, Laura A. Foggan, Lon A. Berk, Mary E. Borja, Wiley, Rein & Fielding, Washington, DC, for Amicus Curiae Insurance Environmental Litigation Association.

Before: BECKER, ROTH, Circuit Judges, and BARRY, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal in an insurance coverage dispute founded on diversity jurisdiction requires us to determine whether a total pollution exclusion endorsement (TPE) became part of a comprehensive general liability (CGL) renewal policy issued by Reliance Insurance Company (Reliance) to Vapor Energy Service and Engineering Corporation (VE). The effect of the TPE would be to immunize Reliance from defending and paying the...

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