HARLEYSVILLE MUT. INS. CO. v. PACKER

Nos. 94-2322, 94-2323.

60 F.3d 1116 (1995)

HARLEYSVILLE MUTUAL INSURANCE COMPANY; Huron Insurance Company, Plaintiffs-Appellees, v. Kimberly Laws PACKER, Terry Wayne Packer, Guardian for the foregoing, Defendant-Appellant, and Terry Wayne Packer, Individually; and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer; Willard Ray Faircloth; Gladystine Faircloth; Jonathan Keith Thornton; Oscar Mitchell Carter; Lawrence Michael Brush; Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr.; Phillip J. Sheppard; John C.W. Gardner; Betty C. Brown, Executrix of the Estate of John H. Brown, d/b/a Sheppard Associates, a Partnership; H. David Swain, Individually and d/b/a Swain Associates; Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the foregoing, Defendants. HARLEYSVILLE MUTUAL INSURANCE COMPANY; Huron Insurance Company, Plaintiffs-Appellees, v. H. David SWAIN, Individually and d/b/a Swain Associates, Defendant-Appellant, and Terry Wayne Packer, Individually; and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer; Willard Ray Faircloth; Gladystine Faircloth; Jonathan Keith Thornton; Oscar Mitchell Carter; Lawrence Michael Brush; Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr.; Phillip J. Sheppard; John C.W. Gardner; Betty C. Brown, Executrix of the Estate of John H. Brown, d/b/a Sheppard Associates, a Partnership; Kimberly Laws Packer, Terry Wayne Packer, Guardian for the foregoing; Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the foregoing, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1995.


Attorney(s) appearing for the Case

ARGUED: Joe McLeod, The McLeod Law Firm, P.A., Fayetteville, NC, for appellant. James Anthony Penry, Wyrick, Robbins, Yates & Ponton, L.L.P., Raleigh, NC, for appellees.

Before HALL, WILKINSON, and HAMILTON, Circuit Judges.


Affirmed by published opinion. Judge HAMILTON wrote the majority opinion, in which Judge WILKINSON joined. Judge HALL wrote a dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

Appellee Harleysville Mutual Insurance Company (Harleysville) sought a declaration that it was not liable to make payments under an insurance policy it issued to Appellant H. David Swain (Swain). Appellants Swain and Kimberly Packer (Packer) (collectively Appellants) contended...

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