DENC, LLC v. PHILADELPHIA INDEMNITY INSURANCE CO.

No. 20-1640, No. 20-1644.

32 F.4th 38 (2022)

DENC, LLC, Plaintiff-Appellee, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant-Appellant, and Tokio Marine North America, Inc., d/b/a Philadelphia Insurance Companies, Inc., Defendant. DENC, LLC, Plaintiff-Appellant, v. Philadelphia Indemnity Insurance Company, Defendant-Appellee, and Tokio Marine North America, Inc., d/b/a Philadelphia Insurance Companies, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: April 18, 2022.


Attorney(s) appearing for the Case

ARGUED: David L. Brown , GOLDBERG SEGALLA LLP, Greensboro, North Carolina, for Appellant/Cross-Appellee. Gregg E. McDougal , McDOUGAL WORRELL LLP, Raleigh, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: David G. Harris II , GOLDBERG SEGALLA LLP, Greensboro, North Carolina, for Appellant/Cross-Appellee. John E. Branch III , Andrew D. Brown , SHANAHAN LAW GROUP, PLLC, Raleigh, North Carolina; Lawrence R. Duke , McDOUGAL WORRELL LLP, Raleigh, North Carolina, for Appellee/Cross-Appellant.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge Diaz wrote the opinion, in which Senior Judge Floyd joined, and in which Judge Rushing joined in part. Judge Rushing wrote an opinion dissenting in part.


Philadelphia Indemnity Insurance Company declined to cover a claim for collapse damage under a policy issued to DENC, LLC. DENC sued, alleging contract claims and violations of North Carolina's Unfair and Deceptive Trade Practices Act ("UDTPA"). On summary judgment, the district court found that Philadelphia improperly

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