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ALLSTATE INS. CO. v. FRITZ

No. 05-1859.

452 F.3d 316 (2006)

ALLSTATE INSURANCE COMPANY, a/s/o Hunters Ridge Condominium Owners Association, Incorporated, Plaintiff-Appellant, v. Jennifer FRITZ; Clay Nicholas Pendleton; Sarah Elizabeth Kuhn Nelson, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 26, 2006.

Attorney(s) appearing for the Case

ARGUED: Martin P. Duffey, Cozen O'Connor, Philadelphia, Pennsylvania, for Appellant. Humes Jefferson Franklin, III, Wharton, Aldhizer & Weaver, P.L.C., Staunton, Virginia; Caroline D. Bragg, Cattano Law Firm, Charlottesville, Virginia, for Appellees. ON BRIEF: James W. Barkley, Elizabeth M. Ayyildiz, MORIN & BARKLEY, Charlottesville, Virginia, for Appellant. John P. Cattano, Cattano Law Firm, Charlottesville, Virginia, for Appellee Jennifer Fritz.

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

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Senior Judge HAMILTON joined.

NIEMEYER, Circuit Judge.

While attending James Madison University in Harrisonburg, Virginia, Jennifer Fritz and Sarah Nelson signed a lease for Apartment H of a 12-unit apartment building owned by Hunters Ridge Condominium Owners Association, Inc. ("Hunters Ridge" or "Owner"). In the early morning hours...

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