SCOTTSDALE INSURANCE COMPANY v. GS LLC NEM (2020)

United States Court of Appeals, Fourth Circuit.

SCOTTSDALE INSURANCE COMPANY, Plaintiff - Appellee, v. Christie Michelle ACOSTA, as Personal Representative of the Estate of Michael Jason Dunn, Defendant - Appellant, GS Thadius LLC, d/b/a The Bar; NEM Inc., d/b/a Sandy Monkey; William J. Muse; Sharon Cumbie, Defendants.

No. 18-1808

Decided: February 05, 2020

Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

William S. Duncan, LAW OFFICE OF WILLIAM STUART DUNCAN, PA, Georgetown, South Carolina, for Appellant. Robert M. Kennedy, Jr., PHELPS DUNBAR, LLP, Raleigh, North Carolina, for Appellee.

The estate of Michael J. Dunn appeals the district court's order granting summary judgment to Scottsdale Insurance Company on its complaint seeking a declaratory judgment that it had no duty to defend an action against its insured based on assault and battery exclusions to the policies’ liquor liability coverage. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Scottsdale Ins. Co. v. Acosta, 328 F.Supp.3d 527 (D.S.C. July 2, 2018). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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