Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

3-21-2006

Canal Ins Co v. Underwriters Lloyds Precedential or Non-Precedential: Precedential

Docket No. 04-3714

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006

Recommended Citation "Canal Ins Co v. Underwriters Lloyds" (2006). 2006 Decisions. Paper 1342. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1342

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 04-3714

CANAL INSURANCE COMPANY,

Appellant

v.

UNDERWRITERS AT LLOYD’S LONDON

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 03-cv-02333) District Judge: Honorable Eduardo C. Robreno

Argued September 27, 2005

Before: ALITO*, AMBRO and LOURIE**, Circuit Judges

(Opinion filed January 27, 2006)

Walter H. Swayze, III, Esquire (Argued) Michael J. Farrell, Esquire Segal, McCambridge, Singer & Mahoney 30 South 17th Street

* Then Judge, now Justice, Alito joined in the decision of this case. He was elevated to the United States Supreme Court on January 31, 2006. ** Honorable Alan D. Lourie, United States Circuit Judge for the Federal Circuit, sitting by designation. United Plaza, Suite 1700 Philadelphia, PA 19103

Counsel for Appellant

Timothy A. Kulp, Esquire (Argued) Margolis Edelstein, Esquire 6th & Walnut Streets The Curtis Center, 4th Floor Philadelphia, PA 19106

Lawrence D. Wright, Esquire Ronald S. Collins, Jr., Esquire Wright & O’Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428

Counsel for Appellee

Brian J. Hunt, Esquire Anndra L. Masters, Esquire Williams, Montgomery & John 20 North Wacker Drive 2100 Opera Building Chicago, IL 60606

Counsel for Amicus-Appellant

ORDER AMENDING PUBLISHED OPINION

AMBRO, Circuit Judge

It is now ordered that the published Opinion in the above case filed January 27, 2006, be amended as follows:

On page 5, bottom paragraph, last line on the page, change “Id. at 352.” to “ Id. at 353.”

On page 6, bottom paragraph, two lines from the bottom, change “The” to “[T]he”.

On page 10, carryover paragraph, first line, change “Gene & Harvey Builders v. Pennsylvania Mfrs. Ass’n” to “Gene & Harvey Builders v. Pennsylvania Mfrs. Ass’n Ins. Co.” On page 10, carryover paragraph, six lines down, change “Celley v. Mut. Benefit & Heath Ass’n” to “Celley v. Mut. Benefit Heath & Accident Ass’n”.

On page 14, bottom paragraph, two lines from the bottom, change “48 A.L.R.3d 1096 § 2p” to “48 A.L.R.5th 375 § 2”.

On page 16, first full paragraph, three lines down, change “guard dog, . . . the” to “guard dog[,] . . . the”.

On page 23, in the block quotation, two lines down, change “Insurance” to “insurance”.

On page 26, at the end of the block quotation, change “Id. at n.7” to “Id. at 108 n.7”.

On page 31, top carryover paragraph, four lines down, add an open quotation mark before “stipulations” and, eight lines down, add a close quotation mark after “laws.”

On page 31, top carryover paragraph, last line, change “813 A.2d 747 (Pa. 2002)” to “813 A.2d 747, 750 (Pa. 2002)”.

On page 31, first full paragraph, three lines down, change “Mutual” to “Mut.”

On page 31, in the block quotation, three lines down, change “spiraling” to “spiralling”.

On page 32, in the paragraph in the center of the page, five lines down, change “Id.” to “Id. at 207-08.” and, seven lines down, change “spiraling” to “spiralling” and, nine lines down, change “Id. at 207 n.4.” to “Id. at 208 n.3.”

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: March 21, 2006 CRG/cc: Walter H. Swayze, Esq. Timothy A. Kulp, Esq. Lawrence D. Wright, Esq. Ronald S. Collins, Esq. Brian J. Hunt, Esq.