Legal Opinion

James O. Powell Gwen J. Powell v. United States Fidelity and Guaranty Company

Court of Appeals for the Fourth Circuit

Decided July 2, 1996No. 94-1595PublishedCited by 16 opinions

1Opinion of the Court

Affirmed by published per curiam opinion.

OPINION

2Per curiam

Appellants James and Gwendolyn Powell appeal from the district court’s dismissal of Count Two of their complaint; its refusal to certify an issue of law to the Virginia Supreme Court, and its grant of summary judgment to Appellee United States Fidelity & Guaranty Company (USF&G) on Count One of the Powells’ complaint. This diversity action was brought by the Powells in December 1993 seeking, in Count One, a declaratory judgment that an examination-under oath clause in the Powells’ homeowners’ insurance policy with USF&G is limited in scope to…

3Cases cited8 opinions

  1. Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
  2. Joseph F. Kisting and Anchor Sales Co. v. Westchester Fire Insurance CompanyCourt of Appeals for the Seventh Circuit · 1969
  3. Halcome v. Cincinnati InsuranceSupreme Court of Georgia · 1985
  4. Whorf (Karl J.) v. Commissioner, Department of Corrections, MassachusettsCourt of Appeals for the First Circuit · 1992
  5. Bennie L. Hines and Katie Hines v. State Farm Fire & Casualty CompanyCourt of Appeals for the Eleventh Circuit · 1987

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4Cited by16 opinions

  1. Miller v. Augusta Mutual InsuranceCourt of Appeals for the Fourth Circuit · 2005
  2. United States v. Robert DefreitasCourt of Appeals for the Third Circuit · 2022
  3. Bank of America v. MusselmanDistrict Court, E.D. Virginia · 2002
  4. Ania v. Allstate InsuranceDistrict Court, E.D. Pennsylvania · 2001
  5. Phillips v. Allstate Indemnity Co.Court of Special Appeals of Maryland · 2004

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