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INSURANCE CO. OF NORTH AMERICA v. MacMILLAN

Nos. 90-2223, 90-2225.

945 F.2d 729 (1991)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. Alexander E. MacMILLAN, Defendant-Appellant, and Tammy L. Harris, Nationwide Mutual Insurance Company, Defendants. INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellant, v. Alexander E. MacMILLAN, Defendant-Appellee, and Tammy L. Harris, Nationwide Mutual Insurance Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1991.

Attorney(s) appearing for the Case

William C. Walker, James Cureton McCaa, III, Taylor & Walker, P.C., Norfolk, Va., for defendant-appellant.

Clement J. Robbins, IV, Outland, Gray, O'Keefe & Hubbard, Chesapeake, Va., for plaintiff-appellee.

Before ERVIN, Chief Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

OPINION

MURNAGHAN, Circuit Judge:

Here we confront a contract issue between diverse parties in a declaratory judgment action filed by Insurance Company of North America (INA). Alexander E. MacMillan was an employee of Sherwin-Williams Company, who, while operating in the course of employment an insured vehicle owned by Sherwin-Williams, which was principally garaged in Virginia, was involved in an automobile accident with Tammy L. Harris on October 30, 1987...

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