United States Fourth Circuit

Judgment for insured in coverage suit, holding that insured was entitled to indemnification for settlement in class action suit involving ERISA and wage claims and that the insurer could not obtain a partial reimbursement of defense costs, is affirmed as district court properly denied the insurer reimbursement. However, ruling on settlement indemnification is reversed in part where district court conflated the duty to defend and the duty to indemnify under Maryland law.

Appellate Information

• Argued 03/17/2006
• Decided 05/16/2006
• Published 05/16/2006

Judges

• Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Carney Hayes, Jr., Nixon Peabody, L.L.P., Washington, D.C., for Appellants.  Stephen Richard Mysliwiec, DLA Piper Rudnick Gray Cary US, L.L.P., Washington, D.C., for Appellees.   ON BRIEF:  Leslie Paul Machado, Kevin M. Colmey, Nixon Peabody, L.L.P., Washington, D.C., for Appellants.  Victoria A. Bruno, DLA Piper Rudnick Gray Cary US, L.L.P., Washington, D.C.;  Glen K. Allen, DLA Piper Rudnick Gray Cary US, L.L.P., Baltimore, Maryland, for Appellees.