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STONE v. LIBERTY MUT. INS. CO.

Nos. 95-1110, 95-1148.

105 F.3d 188 (1997)

Thomas M. STONE, Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant. Thomas M. STONE, Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1997.

Attorney(s) appearing for the Case

ARGUED: Alan Brody Rashkind, Furniss, Davis, Rashkind & Saunders, P.C., Norfolk, VA, for Defendant-Appellant. Robert Lee Samuel, Jr., Clark & Stant, P.C., Virginia Beach, VA, for Plaintiff-Appellee. ON BRIEF: Stephen C. Swain, S. Geoffrey Glick, Clark & Stant, P.C., Virginia Beach, VA, for Plaintiff-Appellee.

Before HAMILTON, WILLIAMS, and MOTZ, Circuit Judges.

Judge WILLIAMS wrote the opinion, in which Judge HAMILTON and Judge MOTZ joined.

OPINION

WILLIAMS, Circuit Judge:

We certified a question of Virginia substantive law to the Supreme Court of Virginia, which has now answered our question. See Stone v. Liberty Mut. Ins. Co., 253 Va. 12, 478 S.E.2d 883 (1996). Applying Virginia law as articulated in Stone, we conclude that Thomas Stone is not an "insured...

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