Canal Insurance Company v. UNDERWRITERS AT LLOYD’S LONDON Appeal from the United States District Court for the…

*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.
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

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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.”

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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.

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