HARTFORD FIRE INSURANCE COMPANY, Plaintiff-Appellant,
v.
HARLEYSVILLE MUTUAL INSURANCE COMPANY; Assurance Company of America; First Financial Insurance Company; First Mercury Insurance Company; G.R. Hammonds Inc., Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 17, 2013.
Decided: November 15, 2013.
Attorney(s) appearing for the Case
ARGUED: Steven M. Klepper , Kramon & Graham, P.A., Baltimore, Maryland, for Appellant.
David Leonard Brown , Nelson Levine De Luca & Hamilton, LLC, Greensboro, North Carolina, for Appellees.
ON BRIEF: Lee H. Ogburn , Kramon & Graham, P.A., Baltimore, Maryland, for Appellant.
David G. Harris, II , Nelson Levine De Luca & Hamilton, LLC, Greensboro, North Carolina; Robert C. Calamari , Nelson Mullins Riley & Scarborough LLP, Myrtle Beach, South Carolina, for Appellee Harleysville Mutual Insurance Company. Phillip E. Reeves , Elizabeth J. Smith , Gallivan White & Boyd, P.A., Greenville, South Carolina, for Appellee Assurance Company of America. M. Dawes Cooke, Jr. , Barnwell Whaley Patterson Helms, LLC, Charleston, South Carolina; Gary S. Kull , Carroll McNulty Kull, LLC, Basking Ridge , New Jersey, for Appellee First Mercury Insurance Company. Mark S. Barrow , Sweeny Wingate & Barrow, P.A., Columbia, South Carolina, for Appellee First Financial Insurance Company.
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN and Judge AGEE joined.
United States Court of Appeals, Fourth Circuit.
WILKINSON, Circuit Judge:
Nominal parties are excepted from the requirement that all defendants join in or consent to removal to federal court. This case concerns whether insured contractor G.R. Hammonds, Inc. ("Hammonds") is a nominal party in a contribution suit between its insurers. We affirm the district court's holding that Hammonds is a nominal party for purposes of the nominal party exception to the rule of unanimity governing removal.
I.
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