United States Fourth Circuit

In a suit by an insurance company asserting that it had no duty to defend or indemnify its insured against tort claims, an appeal of partial summary judgment for defendants on the duty to defend issue is dismissed where: 1) the order was not final for purposes of appeal since the district court ruled on only one of two issues and administratively closed the case pending resolution of a state court matter; and 2) dismissal did not deprive the plaintiff of its only means to appeal the duty to defend issue.

Appellate Information

• Decided 03/20/2008
• Published 03/20/2008

Judges

• Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Barnes Delano, Jr., Sands, Anderson, Marks & Miller, Richmond, Virginia, for Appellant.  Bryan Karl Meals, McGuirewoods, L.L.P., Norfolk, Virginia, for Appellees.   ON BRIEF:  Albert M. Orgain, IV, W. Ashley Burgess, Sands, Anderson, Marks & Miller, Richmond, Virginia, for Appellant.  Stephen E. Heretick, Hampton & Heretick, P.L.C., Portsmouth, Virginia, for Appellee April Dawn Mapp;  William H. Baxter, II, McGuirewoods, L.L.P., Richmond, Virginia, for Appellee ACH Corporation of Chesapeake, Incorporated.