Legal Opinion · Concurring in part, dissenting in part

Stonehenge Engineering Corp. v. Employers Insurance of Wausau

Court of Appeals for the Fourth Circuit

Decided January 13, 2000No. 98-2673, 98-2680Published

1Concurring in part, dissenting in partTraxler, Circuit Judge

I agree with Parts I, II, III, and V of the majority opinion, but respectfully have a difference of opinion as to the amount Wausau owes as discussed in Part IV. Unlike the majority, I believe Hitt v. Cox, 737 F.2d 421 (4th Cir.1984), is inapplicable to this case, and therefore, I dissent.

I

After experiencing substantial defects in the construction of the “Yacht Cove” condominium project, the Yacht Cove Owners Association (“Owners Association”) sued the general contractors, National Stonehenge Corporation and Stonehenge Engineering Corporation (collectively “Stonehenge”), in state court and…

2Cases cited7 opinions

Higgins v. E.I. DuPont de Nemours & Co.Court of Appeals for the Fourth Circuit · 1988
Sentinel Insurance Co. v. First Insurance Co. of Hawai'i, Ltd.Hawaii Supreme Court · 1994
Employers Mut. Liability Ins. Co. Of Wisconsin v. HendrixCourt of Appeals for the Fourth Circuit · 1952
Clara Swinton Bonds, as Administratrix of the Estate of Franklin Hassie Bonds v. Mortensen and Lange and the M/v "Fetish" and Rederiet Mascot K/sCourt of Appeals for the Fourth Circuit · 1983
Joe Harden Builders, Inc. v. Aetna Casualty & Surety Co.Supreme Court of South Carolina · 1997

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