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FUISZ v. SELECTIVE INS. CO. OF AMERICA

No. 94-2120.

61 F.3d 238 (1995)

Richard C. FUISZ, Plaintiff-Appellant, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 1, 1995.

Attorney(s) appearing for the Case

ARGUED: Robert H. Shulman, Howrey & Simon, Washington, DC, for appellant. William Randolph Allcott, Jr., Harman, Claytor, Corrigan & Wellman, Richmond, VA, for appellee. ON BRIEF: Steven N. Gersten, Howrey & Simon, Washington, DC, for appellant. John M. Claytor, Harman, Claytor, Corrigan & Wellman, Richmond, VA, for appellee.

Before ERVIN, Chief Judge, and NIEMEYER and MOTZ, Circuit Judges.

Reversed in part, vacated in part, and remanded by published opinion. Judge MOTZ wrote the majority opinion, in which Chief Judge ERVIN joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MOTZ, Circuit Judge:

This case requires us to decide whether an insurer must provide a defense, pursuant to a personal liability policy, to an insured against whom a defamation action has been filed. The policy expressly...

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