Scottsdale Insurance Company v. Children’s Home Society of North Carolina, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1953
SCOTTSDALE INSURANCE COMPANY,
Plaintiff - Appellee,
v.
CHILDREN’S HOME SOCIETY OF NORTH CAROLINA, INC.,
Defendant – Appellant,
and
RONALD E. FORD, SR., Administrator of the Estate of S.P.,
Defendant.
No. 13-1954
SCOTTSDALE INSURANCE COMPANY,
Plaintiff - Appellee,
v.
RONALD E. FORD, SR., Administrator of the Estate of S.P,
Defendant – Appellant,
and
CHILDREN’S HOME SOCIETY OF NORTH CAROLINA, INC.,
Defendant.

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2
Appeals from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:12-cv-00081-FL)
Submitted: July 31, 2014 Decided: August 20, 2014
Before MOTZ and FLOYD, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
R. Thompson Wright, Joseph R. Beatty, HILL EVANS JORDAN &
BEATTY, PLLC, Greensboro, North Carolina; Jerome P. Trehy, Jr.,
JEROME P. TREHY, JR., P.A., Bahama, North Carolina; Jesse H.
Rigsby, IV, TWIGGS, STRICKLAND & RABENAU, P.A., Durham, North
Carolina, for Appellants. Kevin M. O’Brien, Robert M. Kennedy,
Jr., PHELPS DUNBAR, LLP, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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3
PER CURIAM:
Children’s Home Society Of North Carolina, Inc., and
Ronald Ford, Sr., the administrator of the Estate of S.P.,
appeal from the district court’s order granting summary judgment
in favor of Scottsdale Insurance Company on its declaratory
judgment action seeking to limit its liability with respect to
damages in the underlying wrongful death action. We have
reviewed the record included on appeal, as well as the parties’
briefs, and find no reversible error. Accordingly, we affirm
for the reasons stated by the district court. Scottsdale Ins.
Co. v. Children’s Home Society of North Carolina, Inc.;
Scottsdale Ins. Co. v. Ford, No. 5:12-cv-00081-FL (E.D.N.C. July
3, 2014). In light of this disposition, we deny Scottsdale’s
motion to dismiss filed in No. 13-1954. 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

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