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FORTRESS RE, INC. v. JEFFERSON INS. CO., ETC.

No. 79-1111.

628 F.2d 860 (1980)

FORTRESS RE, INC., Appellee, v. JEFFERSON INSURANCE COMPANY OF NEW YORK, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1980.

Attorney(s) appearing for the Case

Richard M. Wiggins, Fayetteville, N. C. (McCoy, Weaver, Wiggins, Cleveland & Raper, L. Sneed High, Butler, High & Baer, Fayetteville, N. C., on brief), for appellant.

H. Hugh Stevens, Jr., Raleigh, N. C. (Robert W. Spearman, J. Rich Leonard, Sanford, Adams, McCullough & Beard, Raleigh, N. C., on brief), for appellee.

Before WIDENER and SPROUSE, Circuit Judges and JONES, District Judge.

SPROUSE, Circuit Judge:

The defendant, Jefferson Insurance Company of New York (Jefferson) appeals the summary judgment granted to plaintiff Fortress Re, Inc. (Fortress) in its action under the Declaratory Judgment Act, 28 U.S.C. § 2201. The summary judgment held Fortress not liable on a reinsurance contract.

Jefferson insured G. I. Veterans Taxicab Association, Inc. of Baltimore, Maryland (Veterans Taxicab) over and above the primary coverage limits...

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