CENTER TP., PA. v. FIRST MERCURY SYNDICATE

No. 96-3290.

117 F.3d 115 (1997)

TOWNSHIP OF CENTER, BUTLER COUNTY, PENNSYLVANIA; Dean E. Schweinsberg; and Debra J. Oesterling, Appellants v. FIRST MERCURY SYNDICATE, INC.

United States Court of Appeals, Third Circuit.

Decided June 26, 1997.

As Amended on Limited Grant of Rehearing July 28, 1997.


Attorney(s) appearing for the Case

William D. Kemper (Argued), Butler, PA, for Appellants.

David P. Helwig (Argued), Sharlock, Repcheck & Mahler, Pittsburgh, PA, for Appellee.

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


OPINION OF THE COURT

ROTH, Circuit Judge.

This appeal is from the district court's granting of summary judgment in favor of defendant insurance company, First Mercury Syndicate, Inc. The issue before us is whether dismissed employees, who brought underlying wrongful discharge actions, are "insureds" within the meaning of a policy provision which excludes coverage for actions brought by "insureds against insureds." We conclude that the ex-employees are not...

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