SELECTIVE INS. CO. OF AMERICA v. WESTFIELD INS.

No. 19-1498.

73 F.4th 239 (2023)

SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant-Appellant, v. WESTFIELD INSURANCE COMPANY, Plaintiff-Appellee, v. Zurich American Insurance Company; Weaver Cooke Construction, LLC, Defendants-Appellees, and Penn National Insurance Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2023.


Attorney(s) appearing for the Case

ARGUED: Matthew Adams Abee , NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellant. Morgan Stuart Templeton , WALL TEMPLETON & HALDRUP, P.A., Charleston, South Carolina; Michael Terry Medford , MANNING, FULTON & SKINNER, PA, Raleigh, North Carolina, for Appellees. ON BRIEF: Robert C. Calamari , NELSON MULLINS RILEY & SCARBOROUGH LLP, Myrtle Beach, South Carolina, for Appellant. Sanford W. Thompson, IV , SANFORD THOMPSON, PLLC, Raleigh, North Carolina, for Appellee Weaver Cooke Construction, LLC. J. Mark Langdon , WALL TEMPLETON & HALDRUP, P.A., Raleigh, North Carolina, for Appellee Westfield Insurance Company. Phillip E. Reeves , Greenville, South Carolina, James M. Dedman, IV , GALLIVAN, WHITE, & BOYD, P.A., Charlotte, North Carolina, for Appellee Zurich Insurance Company.

Dismissed by published opinion. Senior Judge Keenan wrote the opinion, in which Judge Rushing and Judge Benjamin joined.


This dispute involves several insurers and one defendant insurer's alleged duty to defend a lawsuit brought against a general contractor of a residential building project. The district court entered partial summary judgment, holding that the defendant insurer had a duty to defend the general contractor...

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