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NATIONWIDE INS. CO. OF COLUMBUS, OHIO v. PATTERSON

No. 91-1522.

953 F.2d 44 (1991)

NATIONWIDE INSURANCE COMPANY OF COLUMBUS, OHIO v. Marcie PATTERSON. Marcie PATTERSON, Counter-Claimant, v. NATIONWIDE INSURANCE COMPANY OF COLUMBUS, OHIO, Counter-Defendant, Nationwide Mutual Insurance Company of Columbus, Ohio, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 23, 1991.

Attorney(s) appearing for the Case

R. Bruce Morrison, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for appellant.

Richard A. Lefchak, Goldman & Goldman, Philadelphia, Pa., for appellee.

Pennsylvania Trial Lawyers Ass'n, amicus curiae, for appellee.

Before SLOVITER, Chief Judge, SCIRICA and ROTH, Circuit Judges.

Submitted under Third Circuit Rule 12(6) December 12, 1991.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This appeal by Nationwide Insurance Company of Columbus, Ohio is from the dismissal of its action seeking a declaratory judgment that the insured, appellee Marcie Patterson, was not entitled to benefits under the underinsured coverage of an insurance policy issued by Nationwide. The district court granted...

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