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ZENITH INS. CO. v. NEWELL

No. 21-1748.

78 F.4th 603 (2023)

ZENITH INSURANCE COMPANY, Appellant v. Martin P. NEWELL, Jr.; M.P.N., Inc.

United States Court of Appeals, Third Circuit.

Filed: August 24, 2023.

Attorney(s) appearing for the Case

Sharon F. McKee , Ronald P. Schiller [ARGUED], Hangley Aronchick Segal Pudlin & Schiller, One Logan Square, 18th & Cherry Streets, 27th Floor, Philadelphia, PA 19103, Counsel for Appellant.

Jeffrey J. Vita [ARGUED], Rachel S. Pearson , Saxe Doernberger & Vita, 35 Nutmeg Drive, Suite 140, Trumbull, CT 06611, Counsel for Appellee.

Before: PORTER, FREEMAN, and FISHER, Circuit Judges.

OPINION OF THE COURT

Zenith Insurance Company asked the District Court to declare that it is not contractually obligated to defend its insured, M.P.N., Inc., against a workplace liability lawsuit. Instead, in a partial summary judgment, the District Court declared that "Zenith has a duty to defend M.P.N., Inc. in...

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