CAMIOLO v. STATE FARM FIRE AND CAS. CO.

No. 02-1603.

334 F.3d 345 (2003)

Paul CAMIOLO, Individually and as Administrator of the Estate of Edward P. Camiolo, Deceased; Paul Camiolo, Individually and as Executor of the Estate of Rosalie Camiolo, Deceased v. STATE FARM FIRE AND CASUALTY CO.; Lee Affel, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; J. Whelan, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Karen Ratcliffe, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; C. Clark, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Don Hullenbaugh, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; D. Murphy, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; A. Bowles, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; G. Wiland, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Alex Sutherland, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Steven J. Benedek, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Township of Upper Moreland; Township of Upper Moreland Police Department; Edward O. Stauch, Jr., Individually and as Agent, Servant, Workman or Employee of Upper Moreland Township Police Department and/or Township of Upper Moreland; Robert P. Kerrigan, Individually and as Agent, Servant, Workman or Employee of Upper Moreland Township Police Department and/or Township of Upper Moreland; Rick Tidwell, Individually and as an Agent, Servant, Workman or Employee of Upper Moreland Township Police Department and/or Township of Upper Moreland; Township of Upper Moreland Fire Department; Thomas M. Sullivan, Individually and as Agent, Servant, Workman or Employee of Township of Upper Moreland and/or Township of Upper Moreland Fire Department; Trooper Investigative Services; George L. Wert, Individually and as an Agent, Servant, Workman or Employee of Trooper Investigative Services; Peter C. Minzolla, Individually and as Agent, Servant, Workman or Employee of Trooper Investigative Services; Michael Mateleska, Individually and as Agent, Servant, Workman or Employee of Trooper Investigative Services; Robert H. Jones Associates, Inc.; Walter Kerr, Individually and as Agent, Servant, Workman or Employee of Robert H. Jones Associates, Inc. Paul Camiolo, individually and as Administrator of the Estates of Edward P. Camiolo, Deceased and Rosalie Camiolo, Deceased, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 30, 2003.


Attorney(s) appearing for the Case

Joseph R. Viola, (argued), Philadelphia, PA, for Appellants.

Joseph D. Mancano, Britt, Hankins, Schaible & Moughan, Philadelphia, PA, for Appellees State Farm Fire & Casualty Company, Lee Affel, J. Whelan, Karen Ratcliffe, C. Clark, Don Hullenbaugh, D. Murphy, A. Bowles, G. Wiland, Alex Sutherland, and Steven J. Benedek.

Joseph J. Santarone, Jr., (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Norristown, Charles W. Craven, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellees Township of Upper Moreland, Upper Moreland Police, Edward O. Stauch, Jr., Robert P. Kerrigan, Upper Moreland Fire, Thomas M. Sullivan, Rick Tidwell.

Carla P. Maresca, Deasey, Mahoney & Bender, Philadelphia, PA, for Appellees Trooper Investigative Services, George L. Wert, Peter C. Minzolla, Michael Mateleska.

Before MCKEE, SMITH, Circuit Judges, and HOCHBERG, District Judge.


OPINION OF THE COURT

SMITH, Circuit Judge.

Paul Camiolo ("Camiolo") was arrested for, inter alia, the arson murder of his parents, Edward and Rosalie Camiolo, and detained for approximately ten months. After the charges were dismissed, Camiolo filed this action against State Farm Fire and Casualty Co. ("State Farm") and numerous individuals who had been involved in the investigation of the cause and origin of the fire.1

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