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ST. PAUL FIRE & MARINE INS. CO. v. VIGILANT INS. CO.

Nos. 89-1835, 89-1837.

919 F.2d 235 (1990)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, individually and as subrogee of James E. Collins, M.D., Plaintiff-Appellee, v. VIGILANT INSURANCE COMPANY, Defendant-Appellant, James E. Collins, as an involuntary plaintiff, Defendant. ST. PAUL FIRE & MARINE INSURANCE COMPANY, individually and as subrogee of James E. Collins, M.D., Plaintiff-Appellant, v. VIGILANT INSURANCE COMPANY, Defendant-Appellee, James E. Collins, as an involuntary plaintiff, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 21, 1990.

As Amended December 6, 1990.

Attorney(s) appearing for the Case

Vance Barron, Jr., Smith, Helms, Mulliss & Moore, argued, Greensboro, N.C., for defendant-appellant.

Frederick Kingsley Sharpless, argued (J. Reed Johnston, Jr., on brief), Tuggle, Duggins, Meschan & Elrod, P.A., Greensboro, N.C., for plaintiff-appellee.

Before PHILLIPS, Circuit Judge, BUTZNER, Senior Circuit Judge, and GARBIS, District Judge for the District of Maryland, sitting by designation.

GARBIS, District Judge:

St. Paul Fire & Marine Insurance Company ("St. Paul") brought a declaratory judgment action against Vigilant Insurance Company ("Vigilant") for contribution for the costs paid by St. Paul in defending and settling two medical malpractice actions against James E. Collins, M.D., a psychiatrist who was insured by the two companies at different periods of time. The district court granted summary judgment in favor of St. Paul.

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