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TWIN CITY FIRE INS. CO. v. BEN ARNOLD-SUNBELT BEVERAGE

No. 04-2048.

433 F.3d 365 (2005)

TWIN CITY FIRE INSURANCE COMPANY; Hartford Casualty Insurance Company, Plaintiffs-Appellees, v. BEN ARNOLD-SUNBELT BEVERAGE COMPANY OF SOUTH CAROLINA, LP; Sunbelt Beverage Company, LLC; Harvey Belson; William Tovell, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 2005.

Attorney(s) appearing for the Case

ARGUED: William Elvin Hopkins, Jr., McCutchen, Blanton, Johnson & Barnette, L.L.P., Columbia, South Carolina, for Appellants. Gary S. Parsons, Bailey & Dixon, Raleigh, North Carolina, for Appellees. ON BRIEF: T. English McCutchen, III, McCutchen, Blanton, Johnson & Barnette, L.L.P., Columbia, South Carolina; Dennis T. D'Antonio, Joshua L. Mallin, Weg & Myers, P.C., New York, New York, for Appellants. Warren T. Savage, Bailey & Dixon, Raleigh, North Carolina, for Appellees.

Before LUTTIG, Circuit Judge, HAMILTON, Senior Circuit Judge, and JAMES C. DEVER III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge DEVER wrote the opinion, in which Judge LUTTIG and Senior Judge HAMILTON joined.

OPINION

DEVER, District Judge.

When a party with insurance coverage is sued, the insured notifies the insurance company of the suit. The insurance company, in turn, typically chooses, retains, and pays private to represent the insured as to all claims. If the suit involves some claims that are covered under the insurance policy and...

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