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STUDIO FRAMES LTD. v. STANDARD FIRE

Nos. 05-2063, 05-2342.

483 F.3d 239 (2007)

STUDIO FRAMES LTD., d/b/a Somerhill Gallery, Plaintiff-Appellee, v. The STANDARD FIRE INSURANCE COMPANY, Defendant-Appellant, and Village Insurance Agency, Incorporated; Business Insurers of the Carolinas, LLC; Philip D. Pearsall; Travelers Property Casualty Insurance Company, Defendants. Studio Frames Ltd., d/b/a Somerhill Gallery, Plaintiff-Appellant, v. The Standard Fire Insurance Company, Defendant-Appellee, and Village Insurance Agency, Incorporated; Business Insurers of the Carolinas, LLC; Philip D. Pearsall; Travelers Property Casualty Insurance Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 12, 2007.

Attorney(s) appearing for the Case

ARGUED: Gerald Joseph Nielsen, Nielsen Law Firm, L.L.C., Metairie, Louisiana, for Appellant/Cross-Appellee. John Albert Michaels, Michaels & Michaels, Raleigh, North Carolina, for Appellee/Cross-Appellant.

ON BRIEF: Eric P. Stevens, Poyner & Spruill, Raleigh, North Carolina, for Appellant/Cross-Appellee.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

This appeal involves contractual and statutory coverage issues under a Standard Flood Insurance Policy issued pursuant to the National Flood Insurance Program. In a summary judgment awarding coverage to an insured tenant, the district court held that the tenant's leasehold...

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