Empire Fire v. Continental Casualty Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1586
EMPIRE FIRE AND MARINE INSURANCE COMPANY,
Plaintiff - Appellant,
versus
CONTINENTAL CASUALTY COMPANY,
Defendant - Appellee,
and
JOHN B. COLEMAN TRUCKING, LLC; TIMOTHY
THEODORE DALE; PYLE TRANSPORT SERVICES,
INCORPORATED,
Defendants.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:05-cv-00605-CCB)
Submitted: December 7, 2006 Decided: December 20, 2006
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Paul N. Farquharson, Christopher J. Lyon, Sean P. Edwards, SEMMES,
BOWEN & SEMMES, Baltimore, Maryland, for Appellant. Shannon O.
Colvin, David A. Skomba, FRANKLIN & PROKOPIK, Baltimore, Maryland,
for Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
This case involves an insurance coverage dispute between the
plaintiff, Empire Fire and Marine Insurance Company (Empire), and
the defendant, Continental Casualty Company (CNA), over the
obligation of each carrier, if any, to indemnify and defend John B.
Coleman Trucking, LLC (Coleman Trucking) in a personal injury
action pursuant to commercial automobile liability policies
separately issued by Empire and CNA to Coleman Trucking. The
personal injury action arose from an underlying automobile accident
involving a tractor-trailer owned by Coleman Trucking.
Following discovery, CNA moved for summary judgment, and
Empire moved for partial summary judgment. The dispositive issue
in the case is which commercial automobile liability policy was in
effect at the time of the underlying accident, the one issued by
Empire or the one issued by CNA. In a thorough and well-reasoned
opinion, the district court concluded that only Empire’s policy was
in effect at the time of the underlying accident. Accordingly, the
district court granted CNA’s motion for summary judgment and denied
Empire’s partial motion for summary judgment. Empire noted a
timely appeal.
Having thoroughly reviewed the district court’s opinion and
the parties’ briefs and submissions on appeal, we conclude that the
district court did not err in granting summary judgment in favor of
CNA. We, therefore, affirm the district court’s entry of summary

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judgment in favor of CNA on the reasoning of the district court.
Empire Fire and Marine Ins. Co. v. Continental Cas. Co., C/A No.:
CCB-05-605 (D. Md. April 12, 2006). We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED

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