PENN-AMERICA INS. CO. v. COFFEY

No. 03-1137.

368 F.3d 409 (2004)

PENN-AMERICA INSURANCE COMPANY, Plaintiff-Appellant, v. Gregory COFFEY; Steven Simons; A.J.Z., Incorporated, t/a A.J. Gators Grille & Sports Bar; State Farm Mutual Automobile Insurance Company; James A. Sizemore, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 20, 2004.


Attorney(s) appearing for the Case

ARGUED: Geoffrey Martin Bohn, Cunningham & Associates, Arlington, Virginia, for Appellant. Richard Cunningham, Appellate Litigation Clinic, Georgetown University Law Center, Washington, D.C., for Appellees. ON BRIEF: Steven H. Goldblatt, Director, Cary Berkeley Kaye, Supervising Attorney, James M. Sullivan, Appellate Litigation Clinic, Georgetown University Law Center, Washington, D.C., for Appellees.

Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.


Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHEAL and Senior Judge HAMILTON joined.

NIEMEYER, Circuit Judge:

Penn-America Insurance Company commenced this action to obtain a declaratory judgment that it had no duty to defend or to indemnify its insured, A.J. Gators Grille & Sports Bar ("A.J. Gators"), with respect to a tort action filed against A.J. Gators by...

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