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JAMES v. ZURICH-AMERICAN INS. CO. OF ILLINOIS

Nos. 98-7542, 98-7543.

203 F.3d 250 (2000)

Lesville JAMES, as assignee of the rights of Meridian Engineering, Inc. and Companion, Inc., d/b/a Companion Assurance Company, Appellant in No. 98-7543 v. ZURICH-AMERICAN INSURANCE COMPANY OF ILLINOIS, Appellant in No. 98-7542

United States Court of Appeals, Third Circuit.

Decided February 9, 2000.

Attorney(s) appearing for the Case

Joel H. Holt (Argued), Law Offices of Joel H. Holt, Christiansted, St. Croix, U.S. Virgin Islands, Attorney for Appellant Lesville James as assignee of the rights of Meridian Engineering, Inc. and Companion, Inc. d/b/a Companion Assurance Company.

Ignatius J. Melito (Argued), S. Dwight Stephens, Wendy S. Kennedy, Melito & Adolfsen P.C., New York, New York,

Douglas L. Capdeville, Law Offices of Douglas L. Capdeville, Christiansted, St. Croix, U.S. Virgin Islands, Attorneys for Appellant Zurich-American Insurance Company of Illinois.

BEFORE: ROTH and WEIS, Circuit Judges, and SHADUR, District Judge

OPINION OF THE COURT

SHADUR, Senior District Judge:

We are asked to interpret what may at worst be labeled an ambiguous provision of an insurance policy, to determine whether the policy provided coverage for a third party, not the insured itself. Upon review we find that whatever might be said as to the literal meaning of the disputed provision, the practical construction given to its terms by the actual parties to the policy— the insurer and the...

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