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COWAN SYSTEMS v. HARLEYSVILLE MUT. INS. CO.

No. 05-2253.

457 F.3d 368 (2006)

COWAN SYSTEMS, INCORPORATED, Plaintiff-Appellee, v. HARLEYSVILLE MUTUAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 2006.

Attorney(s) appearing for the Case

ARGUED: William Carlos Parler, Jr., Parler & Wobber, Towson, Maryland, for Appellant. David A. Skomba, Franklin & Prokopik, Baltimore, Maryland, for Appellee. ON BRIEF: Denise E. Mobley, Parler & Wobber, Towson, Maryland, for Appellant. Shannon O. Colvin, Franklin & Prokopik, Baltimore, Maryland, for Appellee.

Before WILKINSON and NIEMEYER, Circuit Judges, and FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON and Judge FLOYD joined.

NIEMEYER, Circuit Judge.

In this insurance coverage case, we hold that Harleysville Mutual Insurance Company had a contractual duty to provide Cowan Systems, Inc. with a defense in an action commenced against Cowan by Linens N Things, Inc., who, facing a claim for premises liability, sought indemnity from Cowan based on an indemnification provision...

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