CLENDENIN BROTHERS, INC. v. U.S. FIRE INS. CO.

Misc. No. 2, September Term 2005.

889 A.2d 387 (2006)

390 Md. 449

CLENDENIN BROTHERS, INC., et al. v. UNITED STATES FIRE INSURANCE COMPANY.

Court of Appeals of Maryland.

January 6, 2006.


Attorney(s) appearing for the Case

Katherine J. Henry (Dickstein Shapiro Morin & Oshinsky, L.L.P., Washington, DC; Philip B. Barnes of Whiteford, Taylor & Preston, L.L.P., Towson; Richard W. Fields, Elizabeth A. Sherwin and Andrew N. Bourne of Dickstein Shapiro Morin & Oshinsky, New York City, of counsel), all on brief, for Appellants.

Matthew J. Fader, Kirkpatrick & Lockhart Nicholson Graham, L.L.P., Pittsburgh, PA; Kenneth M. Argentieri, Christopher C. French, Paul K. Stockman, of counsel, brief of Amicus Curiae, the ESAB Group, Inc.

Katherine J. Henry, Dickstein Shapiro Morin & Oshinsky, L.L.P., Washington, DC; Richard W. Fields, Elizabeth A. Sherwin and Andrew N. Bourne of Dickstein Shapiro Morin & Oshinsky, New York City, of counsel, brief of the Gases and Welding Distributors Ass'n as Amicus Curiae in Support of Petitioners.

Robert R. Lawrence (Richard Hammer of Hunton & Williams, L.L.P., McLean, VA; John Charles Thomas, Benjamin L. Hatch of Hunton & Williams, L.L.P., Richmond, VA), all on brief, for Appellee.

Laura A. Foggin, John C. Yang, W. Clifton Holmes, Wiley Rein & Fielding, L.L.P., Washington, DC, brief of Amicus Curiae Complex Ins. Claims Litigation Ass'n in support of Respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


HARRELL, Judge.

Pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974, 2002 Repl.Vol., 2005 Cum.Supp.), Courts and Judicial Proceedings Article, §§ 12-601 though 12-613, and Maryland Rule 8-305, the United States District Court for the District of Maryland (Garbis, J.) certified the following question for our consideration:

Whether an insurance company has a duty to defend and/or indemnify its insured in underlying...

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