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3-21-2006 Canal Ins Co v. Underwriters Lloyds Precedential or Non-Precedential: Precedential Docket No. 04-3714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

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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 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 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Counsel for Appellee Brian J. Hunt, Esquire Anndra L. Masters, Esquire Williams, Montgomery & John 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.