IN RE TRUSTEES OF CONNEAUT LAKE PARK, INC.

No. 16-2516.

855 F.3d 519 (2017)

IN RE: the TRUSTEES OF CONNEAUT LAKE PARK, INC., Debtor. Park Restoration, LLC v. Erie Insurance Exchange; The Trustees of Conneaut Lake Park, a charitable trust; Crawford County, a political subdivision; Summit Township, a municipal corporation; Tax Claim Bureau of Crawford County; Conneaut School District. Summit Township, a municipal corporation; Crawford County, a political subdivision; The Tax Claim Bureau of Crawford County; The Conneaut School District, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 2, 2017.


Attorney(s) appearing for the Case

John F. Mizner [Argued], Mizner Law Firm, 311 West Sixth Street, Erie, PA 16507, Counsel for Appellee.

Lawrence C. Bolla , Michael P. Kruszewski , Arthur D. Martinucci [Argued], Quinn Buseck Leemhuis Toohey & Kroto, 2222 West Grandview Boulevard, Erie, PA 16506, Counsel for Appellants.

Before: FISHER, HARDIMAN, and GREENAWAY, JR., Circuit Judges.


OPINION OF THE COURT

Pennsylvania law prohibits insurance companies from paying fire insurance proceeds to a "named insured" unless the local municipality certifies that no delinquent taxes are owed on the property where the insured structure was located. 40 Pa. Stat. § 638. The District Court held that "named...

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