LEVINE v. EMPLOYERS INS. CO. OF WAUSAU

Nos. 17-1342, 17-1432.

887 F.3d 623 (2018)

Bruce LEVINE, Administrator of the Estate of Carlos Bolanos Castillo, deceased, Plaintiff-Appellant, and Marco A. Gabarette, Plaintiff, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant-Appellee, and Jessica Lynn Coble; Purnell Furniture Services, Inc.; Penske Truck Leasing Company, Incorporated, Defendants. Virginia Trial Lawyers Association, Amicus Supporting Appellant, Virginia Association of Defense Attorneys, Amicus Supporting Appellee. Marco A. Gabarette, Plaintiff-Appellant, and Bruce Levine, Administrator of the Estate of Carlos Bolanos Castillo, deceased, Plaintiff, v. Employers Insurance Company of Wausau, Defendant-Appellee, and Jessica Lynn Coble; Purnell Furniture Services, Inc.; Penske Truck Leasing Company, Incorporated, Defendants. Virginia Trial Lawyers Association, Amicus Supporting Appellant, Virginia Association of Defense Attorneys, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 12, 2018.


Attorney(s) appearing for the Case

ARGUED: Eugene C. Miller , WEINER, SPIVEY & MILLER, PLC; Kevin Michael Leach , TURBITT, O'HERRON & LEACH, PLLC, Burke, Virginia, for Appellants. Edwin Ford Stephens , CHRISTIAN & BARTON, LLP, Richmond, Virginia, for Appellee. Dominick Michael Mullori, Jr. , Woodbridge, Virginia, for Amicus Virginia Trial Lawyers Association. ON BRIEF: Alexander S. de Witt , FREEBORN & PETERS LLP, Richmond, Virginia, for Amicus Virginia Association of Defense Attorneys.

Affirmed by published opinion. Judge Agee wrote the majority opinion, in which Judge Wilkinson joined. Judge Wynn wrote a dissenting opinion.


Carlos Bolanos Castillo was killed and Marco A. Gabarette was injured in a motor vehicle accident during the course of their employment. Castillo's estate and Gabarette filed declaratory judgment actions seeking coverage under the uninsured/underinsured motorists endorsement of a third party's insurance policy for payment of...

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