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NAUTILUS INS. CO. v. WINCHESTER HOMES, INC.

No. 92-1799.

15 F.3d 371 (1994)

NAUTILUS INSURANCE COMPANY, Plaintiff-Appellee, v. WINCHESTER HOMES, INCORPORATED, Defendant-Appellant, RELIANCE WOOD PRESERVING, INCORPORATED; Pennsylvania Lumbermen's Mutual Insurance Company; Great American Insurance Company, Defendants-Appellees, v. Martin MULLANEY, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1994.

Attorney(s) appearing for the Case

ARGUED: Vernon Webster Johnson, III, Jackson & Campbell, P.C., Washington, DC, for Appellant. Robert Lawrence Ferguson, Jr., Thieblot, Ryan, Martin & Ferguson, Baltimore, Maryland, for Appellees. ON BRIEF: Michael J. McManus, Jackson & Campbell, P.C., Washington, DC, for Appellant. Jodi K. Ebersole, Thieblot, Ryan, Martin & Ferguson, Baltimore, Maryland; John Hamilton Johnston, Slenker, Brandt, Jennings & Johnston, Merrifield, Virginia; Thomas J. Minton, Kathryn Miller Goldman, Quinn, Ward & Kershaw, P.A., Baltimore, Maryland, for Appellees.

Before WIDENER and PHILLIPS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

PHILLIPS, Circuit Judge:

Winchester Homes, Inc. ("Winchester"), one of several defendants in a declaratory judgment action brought to resolve a dispute over liability insurance coverage, appeals the district court's dismissal of that action, on the eve of trial, in deference to pending state court litigation against the insured on the underlying claims for which coverage is sought. The appeal raises once again the

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