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MARTIN v. MONUMENTAL LIFE INS. CO.

Nos. 00-3307 and 00-3308.

240 F.3d 223 (2001)

John J. Martin, Esquire, Trustee in Bankruptcy, v. Monumental Life Insurance Co.; Monumental General Mass Marketing, Inc.; Monumental General Insurance Company; Bankers United Life Assurance Company; Aegon Usa, Inc.; Monumental General Insurance Group, Inc. John J. Martin, Esquire, Trustee in Bankruptcy, Appellant in No. 00-3307 Monumental General Insurance Group, Inc., Appellant in No. 00-3308.

United States Court of Appeals, Third Circuit.

Filed January 23, 2001.

Attorney(s) appearing for the Case

Peter J. Mooney, Esq. (argued) White and Williams LLP 1800 One Liberty Place Philadelphia, PA 19103-7395, Counsel for Appellant/Cross-Appellee.

James J. Rodgers (argued) Christie M. Callahan Dilworth, Paxson, Kalish and Kauffman, LLP 3200 Mellon Bank Center 1735 Market Street Philadelphia, PA 19103-7595, Counsel for Appellees/Cross-Appellant.

BEFORE: McKEE, ROSENN, and CUDAHY, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The primary issue in this appeal concerns a dispute over the interpretation of and compliance with two words — "best efforts" — in a comprehensive written agreement between two sophisticated business entities, an insurance agency and its underwriter. George N. Pegula Agency ("Agency"), CGA Management Corporation ("Management"), George Pegula ("Pegula"), Barbara Pegula, and Monumental Life Insurance...

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