Panel: Insured Cannot ‘Swap Horses Midstream’ In Appeal Of No Coverage Ruling

(February 16, 2018, 1:23 PM EST) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Feb. 15 rejected an insured’s appeal of a lower court’s ruling that it was not owed professional liability coverage for an underlying third-party complaint, finding that the insured’s primary argument was never raised in the lower court (Tri-Arc Financial Services, Inc. v. Evanston Insurance Company, et al., No. 16-4404, 3rd Cir., 2018 U.S. App. LEXIS 3526)....

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