MILLENNIUM INORGANIC CHEMICALS LTD. v. NAT'L UNION FIRE INS. CO. OF PITTSBURGH

No. 13-1194.

744 F.3d 279 (2014)

MILLENNIUM INORGANIC CHEMICALS LTD.; Cristal Inorganic Chemicals Limited, Plaintiffs-Appellees, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; Ace American Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 20, 2014.


Attorney(s) appearing for the Case

ARGUED: Charles Glaston Cole , Steptoe & Johnson, LLP, Washington, D.C., for Appellants. Joseph Lanham Beavers , Miles & Stockbridge P.C., Baltimore, Maryland, for Appellees. ON BRIEF: Jonathan D. Hacker , Omelveny & Myers LLP, Washington, D.C., for Appellant ACE American Insurance Company. Roger E. Warin , Steptoe & Johnson LLP, Washington, D.C., for Appellant National Union Fire Insurance Company of Pittsburgh, PA. John C. Mezzacappa , Hilary M. Henkind , Mound Cotton Wollan & Greengrass, New York, New York, for Appellants. Gary C. Duvall , Jeffrey P. Reilly , John C. Celeste , Miles & Stockbridge P.C., Baltimore, Maryland, for Appellees.

Reversed and remanded by published opinion. Judge AGEE wrote the opinion, in which Judge NIEMEYER joined. Judge WYNN wrote a dissenting opinion.


AGEE, Circuit Judge:

National Union Fire Insurance Company of Pittsburgh, PA ("National Union") and ACE American Insurance Co. ("ACE" and together with National Union, the "Insurers") appeal from the district court's grant of partial summary judgment in favor of Millennium Inorganic Chemicals Ltd. and Cristal Inorganic Chemicals Ltd. (collectively, "Millennium"). Millennium sued the Insurers in the United States District Court for the District of Maryland, contending...

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