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PENNSYLVANIA NAT. MUT. CAS. INS. CO. v. ROBERTS

Nos. 10-1987, 10-1988.

668 F.3d 106 (2012)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Lakia C. ROBERTS, Defendant-Appellant, and Attsgood Realty Company; Stewart D. Sachs, as trustee of the assets of Dreck, Incorporated, Defendants. Complex Insurance Claims Litigation Association, Amicus Supporting Appellee. Pennsylvania National Mutual Casualty Insurance Company, Plaintiff-Appellant, v. Lakia C. Roberts, Defendant-Appellee, and Attsgood Realty Company; Stewart D. Sachs, as trustee of the assets of Dreck, Incorporated, Defendants. Complex Insurance Claims Litigation Association, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2012.

Attorney(s) appearing for the Case

ARGUED: John Amato , Goodman, Meagher & Enoch, Baltimore, Maryland, for Lakia C. Roberts. Regina Maria Policano , Midkiff, Muncie & Ross, PC, Richmond, Virginia, for Pennsylvania National Mutual Casualty Insurance Company. ON BRIEF: Bruce Harrison Powell , Law Offices of Peter T. Nicholl, Baltimore, Maryland, for Lakia C. Roberts. Kevin Thomas Streit , Midkiff, Muncie & Ross, PC, Richmond, Virginia, for Pennsylvania National Mutual Casualty Insurance Company. Laura A. Foggan , Gregory J. Langlois , Wiley Rein LLP, Washington, D.C., for Complex Insurance Claims Litigation Association.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN and Judge GERGEL joined.

OPINION

WILKINSON, Circuit Judge:

In this case, an insurer sought a declaratory judgment that it was required to indemnify its insured for no more than 40 percent of a state court judgment because it had covered its insured for no more than 40 percent of the time in which the state court plaintiff was exposed to lead poisoning. The district court agreed that the insurer was responsible for only a portion of the judgment, notwithstanding the fact that its...

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