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LIBERTY LIFE INS. CO. v. COMMERCIAL UNION INS. CO.

No. 86-2111.

857 F.2d 945 (1988)

LIBERTY LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY; American Employer's Insurance Company; Home Indemnity Company; Mission National Insurance Company; United States Fire Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1988.

Attorney(s) appearing for the Case

Gaspare Joseph Bono (Martin J. Weinstein, Howrey & Simon, Washington, D.C., R. David Black, Greenville, S.C., on brief), for plaintiff-appellant.

R. Bruce Shaw (Thornwell F. Sowell, III, James A. Merritt, Jr., Nelson, Mullins, Riley & Scarborough, on brief) Thomas C. Salane (Turner, Padget, Graham & Laney, Wilburn Brewer, Jr., Paul R. Clements, Susan B. Lipscomb, Nexsen, Pruet, Jacobs & Pollard, Columbia, S.C., John B. McLeod, H. Sam Mabry, III, Haynsworth, Marion, McKay & Guerard, Greenville, S.C., on brief), for defendants-appellees.

Before WIDENER and HALL, Circuit Judges, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

The plaintiff, Liberty Life Insurance Company (Liberty), appeals from the district court's order granting summary judgment to the defendants, former insurance carriers of Liberty. Finding this stage of the proceeding to be premature for the dismissal of any of the defendants, we vacate and remand for further proceedings.

This suit was brought by Liberty against its insurance carriers based upon their refusal to defend Liberty in a series...

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