United States Fourth Circuit
S. WALLACE EDWARDS & SONS, INC. v. THE CINCINNATI INS. CO., 02-1885, 02-1928
District court was correct in its construction of the insurance policy and in its view of the evidence; no duty of minimizing damages would require plaintiff to segregate thousands of pieces of ham that were exposed to high levels of poisonous ammonia gas. Defendant effectively waived the two-year limitation provision in its policy.
Appellate Information
- Decided 12/24/2003
- Published 12/24/2003
Judges
- Before WIDENER and MICHAEL, Circuit Judges, and FRANK W. BULLOCK, Jr., United States District Judge for the Middle District of North Carolina, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED:Calvin Wooding Fowler, Jr., WILLIAMS MULLEN, P.C., Richmond, Virginia, for Appellant. Scott James Golightly, HIRSCHLER FLEISCHER, P.C., Richmond, Virginia, for Appellee. ON BRIEF: Theodore J. Edlich, IV, Jonathan S. Campbell, WILLIAMS MULLEN, P.C., Richmond, Virginia, for Appellant.