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FRENCH v. ASSURANCE CO. OF AMERICA

No. 05-1356.

448 F.3d 693 (2006)

James H. FRENCH, assignee of the claims of Jeffco Development Corporation; Kathleen B. French, assignee of the claims of Jeffco Development Corporation, Plaintiffs-Appellants, v. ASSURANCE COMPANY OF AMERICA; United States Fire Insurance Company, Defendants-Appellees, and The Aetna Casualty and Surety Company, now known as Travelers Casualty and Surety Company, Defendant. National Association of Home Builders, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2006.

Attorney(s) appearing for the Case

ARGUED: David Hilton Wise, Waters & Wise, P.L.L.C., Fairfax, Virginia, for Appellants. Thomas Sykes Schaufelberger, Wright, Robinson, Osthimer & Tatum, Washington, D.C., for Appellees. ON BRIEF: Paul V. Waters, Waters & Wise, P.L.L.C., Fairfax, Virginia, for Appellants. Edward E. Nicholas, Wright, Robinson, Osthimer & Tatum, Washington, D.C., for Appellee United States Fire Insurance Company; Robert Edward Worst, Kalbaugh, Pfund & Messersmith, Fairfax, Virginia, for Appellee Assurance Company of America. David S. Jaffe, National Association of Home Builders, Washington, D.C., for Amicus Supporting Appellants.

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

Affirmed in part, vacated in part, and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILKINSON and Judge MICHAEL joined.

OPINION

HAMILTON, Senior Circuit Judge:

This appeal presents two separate, but related, insurance coverage questions in the construction context: (1) Whether, under Maryland law, a standard 1986 commercial general liability policy form published by the Insurance Services Office, Incorporated...

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