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Philadelphia Contributionship Insurance Co. v. Shapiro

In suit to determine appellants' right to defense and indemnification, orders in favor of insurers affirmed; dismissal of claims against one insurer as sanction for appellants' discovery violations was warranted; express language of insurance policies with remaining insurers did not cover claims made or damages sought in underlying litigation.

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� 1 William and Kenneth Shapiro, et al., appeal from the March 14, 2001, Order disposing of all claims and parties. *fn1 We affirm.

� 2 The instant litigation emerged in the wake of a 1994 John Doe lawsuit filed against appellants in federal district court, alleging intentional infliction of emotional distress and discrimination under the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (“PHRA”). In Doe v. Shapiro, E.D. Pa. Civil Action No. 94-0925, a former attorney with William Shapiro Esquire, P.C., alleged that the firm terminated his employment after learning that he had acquired immune deficiency syndrome (“AIDS”). The judge dismissed a portion of the lawsuit, and the parties settled all remaining claims.

� 3 Upon receiving this complaint, appellants requested indemnification and legal defense from several insurance companies with whom they had policies, including: appellee Philadelphia Contributionship Insurance Company (“Contributionship”), Commercial Union Insurance Company, Continental Casualty Company (“Continental”), and Illinois Insurance Exchange (“Angora”). Each of these providers refused, however, after independently determining that appellants’ respective policies did not cover the discrimination-based lawsuit.

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