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PA NAT. MUT. CAS. INS. CO. v. BEACH MART, INC.

No. 18-1285.

932 F.3d 268 (2019)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff-Appellee v. BEACH MART, INC., Defendant-Appellant and L&L Wings, Inc. Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2019.

Attorney(s) appearing for the Case

ARGUED: Stephen Forest Shaw , WOMBLE BOND DICKINSON (US) LLP, Greensboro, North Carolina, for Appellant. Michael Duane Jones , HEDRICK GARDNER KINCHELOE & GAROFALO, LLP, Charlotte, North Carolina, for Appellee. ON BRIEF: Charles A. Burke , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina, for Appellant. David L. Levy , HEDRICK GARDNER KINCHELOE & GAROFALO, LLP, Charlotte, North Carolina, for Appellee.

Reversed and remanded with instructions by published opinion. Judge Wynn wrote the opinion, in which Judge Keenan and Judge Floyd joined.

In this appeal, Pennsylvania National Mutual Casualty Insurance Company ("Penn National") contends that it has no duty to defend its insured, Beach Mart, Inc. ("Beach Mart"), in an underlying lawsuit against L&L Wings, Inc. ("L&L"). Penn National argues that its duty to defend was eliminated by the "prior publication...

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