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U.S. v. ROYAL INS. CO. OF AMERICA

Nos. 95-1098, 95-1128, 95-1296.

76 F.3d 574 (1996)

UNITED STATES of America, Plaintiff, USAA, Defendant-Appellant, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee, and Tolliver Gene Swallow; the Hertz Corporation; Rent-Lease, Incorporated, Defendants. UNITED STATES of America, Plaintiff-Appellee, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant, and Tolliver Gene Swallow; USAA; the Hertz Corporation; Rent-Lease, Incorporated, Defendants. UNITED STATES of America, Plaintiff-Appellant, v. Tolliver Gene SWALLOW; USAA; the Hertz Corporation; Rent-Lease, Incorporated; Royal Insurance Company of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 1996.

Attorney(s) appearing for the Case

ARGUED: Terry Hunter Davis, Jr., Harris, Fears, Davis, Lynch & McDaniel, Norfolk, Virginia; James A. Gorry, III, Taylor & Walker, Norfolk, Virginia, for Appellants. Susan Marie Sleater, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Frank W. Hunger, Assistant Attorney General, Helen F. Fahey, United States Attorney, Marleigh Dover, Civil Division, United States Department of Justice, Washington, D.C., for Appellee United States.

Before WILKINSON, Chief Judge, and RUSSELL and NIEMEYER, Circuit Judges.

Reversed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge RUSSELL joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge:

Navy Captain Tolliver Gene Swallow, while acting pursuant to military orders, rented a vehicle from the Hertz Corporation and was subsequently involved in an automobile accident. The district court held that the government-Hertz contract, which provides $100,000...

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