Legal Opinion · Concurrence
Breton, LLC v. Graphic Arts Mutual Insurance
Court of Appeals for the Fourth Circuit
Decided September 6, 2011No. 10-1530, 10-1571Unpublished
1ConcurrenceShedd, Circuit Judge
I agree that summary judgment should be reversed, but for reasons different than the majority.
First, in the context of the insurance policy at issue, the term “maintain” is not ambiguous. The fact that “maintain” may have several meanings does not necessarily result in ambiguity, nor is that fact dispositive here; rather, the real question is whether, in the context of a fire insurance policy, it is reasonable to interpret “maintain” as meaning to merely have a sprinkler system in place. See Resource Bankshares Corp. v. St. Paul Mercury Ins. Co., 407 F.3d 631, 640 (4th Cir.2005) (“The real…
2Cases cited5 opinions
- Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici Supporting Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici SupportingCourt of Appeals for the Fourth Circuit · 2005
- TM Delmarva Power, L.L.C. v. NCP of Virginia, L.L.C.Supreme Court of Virginia · 2002
- Virginia Farm Bureau Mut. Ins. Co. v. WilliamsSupreme Court of Virginia · 2009
- Parrish v. WightmanSupreme Court of Virginia · 1945
- Autumn Ridge v. Acordia of Virginia Ins.Supreme Court of Virginia · 2005