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PROGRESSIVE PALOVERDE INS. v. HARTFORD FIRE INS.

No. 03-1195.

356 F.3d 524 (2004)

PROGRESSIVE PALOVERDE INSURANCE COMPANY, Plaintiff-Appellant, v. HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2004.

Attorney(s) appearing for the Case

ARGUED: Robert Carter Elkins, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, P.L.L.C., Huntington, West Virginia, for Appellant. Sarah Jane Anderson, Dickie, McCamey & Chilcote, Wheeling, West Virginia, for Appellee. ON BRIEF: Laura L. Gray, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, P.L.L.C., Huntington, West Virginia, for Appellant.

Before LUTTIG and SHEDD, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge SHEDD and Senior Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Progressive Paloverde Insurance Company ("Progressive") brought suit against Hartford Fire Insurance Company ("Hartford"), seeking a declaratory judgment that Hartford was the primary insurer for injuries sustained by Timothy Freeman on July...

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