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NATIONWIDE MUTUAL INS. CO. v. COSENZA

No. 00-4151.

258 F.3d 197 (2001)

NATIONWIDE MUTUAL INSURANCE COMPANY, v. William COSENZA; Angelina C. Cosenza, h/w; Patsy Dezii, William Cosenza; Angelina C. Cosenza; Patsy Dezii, Appellants.

United States Court of Appeals, Third Circuit.

Filed July 18, 2001.

Attorney(s) appearing for the Case

David C. Corujo, Esq. (Argued), Fronefield & de Furia, 17 E. Front Street, P.O. Box 647, Media, PA 19063, Counsel for Appellants.

James C. Haggerty, Esq., Scott J. Tredwell, Esq. (Argued), Christine P. Busch, Esq., Swartz, Campbell & Detweiler, 1601 Market Street, 34th Floor, Philadelphia, PA 19103, Counsel for Appellee.

BEFORE: SLOVITER, FUENTES and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal presents a question of first impression relating to the construction and enforceability of an exclusion in an automobile insurance contract stating that an insured cannot recover benefits under both the liability coverage and the underinsured motorist coverage of the insurance contract. The District Court exercised jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332. We exercise...

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