United States Fourth Circuit

In an action for declaratory judgment seeking a declaration that underwriter-defendants were obligated to indemnify plaintiff against a negligence lawsuit, the district court's grant of summary judgment in favor of defendants is vacated where: 1) the scope of coverage under the Endorsement extends beyond acts or omissions of a subcontractor for which plaintiff was vicariously liable; 2) the plain language of the Endorsement creates a duty to defend plaintiff where it is being held liable for the acts or omissions of subcontractor; and 3) the allegations in the underlying complaint create a potentiality of coverage.

Appellate Information

• Decided 06/10/2015
• Published 06/10/2015

Judges

• GREGORY

Court

• United States Fourth Circuit

Counsel