Legal Opinion

Liberty Mutual Fire Insurance v. JM Smith Corporation

Court of Appeals for the Fourth Circuit

Decided March 13, 2015No. 13-2451UnpublishedCited by 3 opinions

1Opinion of the Court

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

2Per curiam

Liberty Mutual appeals a district court ruling that it had a duty to defend its insured, the J M Smith Corporation, in a lawsuit brought by the state of West Virginia. Because the claims alleged in the West Virginia complaint create a possibility of coverage under the commercial general liability insurance policy that Liberty Mutual issued to J M Smith, we hold that Liberty Mutual has a duty to defend in the West Virginia case. We therefore affirm the judgment of the district court.

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3Cases cited11 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  3. USAA Property & Casualty Insurance v. Clegg Ex Rel. Estate of CleggSupreme Court of South Carolina · 2008
  4. Isle of Palms Pest Control Co. v. Monticello InsuranceCourt of Appeals of South Carolina · 1994
  5. City of Hartsville v. South Carolina Municipal Insurance & Risk Financing FundSupreme Court of South Carolina · 2009

6 more not listed; retrieve them via the Exa API.

4Cited by3 opinions

  1. Traveler's Prop. Cas. Co. of Am. v. Actavis, Inc., California Court of Appeal, 5th District2017
  2. Builders Mutual Insurance Company v. J.L. Albrittain, Inc.District Court, E.D. Virginia · 2020
  3. The Traveler's Property Casualty Company of America v. Actavis, Inc.California Court of Appeal · 2017

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