CITY OF ERIE, PA. v. GUARANTY NAT. INS. CO.

Nos. 96-3117 & 96-3163.

109 F.3d 156 (1997)

CITY OF ERIE, PENNSYLVANIA, v. GUARANTY NATIONAL INSURANCE COMPANY; Imperial Casualty and Indemnity Company; Western World Insurance Company, City of Erie, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 21, 1997.


Attorney(s) appearing for the Case

Gregory A. Karle (argued), Office of the City Solicitor, Erie, PA, for Appellant.

Gerald J. Stubenhofer, Jr. (argued), Marcia H. Haller, MacDonald, Illig, Jones & Britton, Erie, PA, for Appellee, Guaranty National Insurance Company.

Richard P. Jeffries (argued), Robert M. Slovek, Kutak Rock, Omaha, NE, for Appellee, Imperial Casualty and Indemnity Company.

Pamela G. Cochenour (argued), Nora Barry Fischer, Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Appellee, Western World Insurance Company.

Before: SCIRICA and COWEN, Circuit Judges and POLLAK, District Judge.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal involves the interpretation of an "occurrence" insurance policy under Pennsylvania law, specifically whether the tort of malicious prosecution "occurs" when the criminal charges are filed or when the prosecution is resolved in the plaintiff's favor.

I.

Louis DiNicola was arrested and charged on March 25, 1980, for arson and...

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