Legal Opinion
American Hardware Mutual Insurance v. BIM, Inc.
Court of Appeals for the Fourth Circuit
Decided September 6, 1989No. Nos. 88-3189, 88-3208PublishedCited by 2 opinions
1Opinion of the Court
PHILLIPS, Circuit Judge:
This is an appeal by B.I.M., Inc. (BIM) from summary judgment entered against it in a declaratory judgment action by American Hardware Mutual Insurance Company (American Hardware) seeking to establish non-coverage with respect to a fire loss under a binder issued by an American Hardware agent. Because we conclude that genuine issues of fact respecting BIM's claims of waiver or estoppel to deny coverage precluded the entry of summary judgment, we reverse and remand for further proceedings.
I
BIM is a West Virginia real estate holding and property management company. In…
2Cases cited25 opinions
- National Mutual Insurance v. McMahon & Sons, Inc.West Virginia Supreme Court · 1987
- Stuart v. Lake Washington Realty Corp.West Virginia Supreme Court · 1956
- Mundy v. ArcuriWest Virginia Supreme Court · 1980
- Campbell v. Aetna Casualty and Surety CoCourt of Appeals for the Fourth Circuit · 1954
- Klein v. Avemco InsuranceSupreme Court of North Carolina · 1975
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3Cited by2 opinions
- American Hardware Mutual Insurance Company, a Corporation v. Bim, Inc., a West Virginia Corporation, and Timothy N. Rexroad, Jimmy Dale Poyner, D/B/A J & D Rental Sales Rotal Corporation, D/B/A Spanky and Alfalfa's Betty L. Phillips, D/B/A Little Britches, Inc. Sharon S. Stowers, D/B/A Modern Hair Design, American Hardware Mutual Insurance Company, a Corporation v. Bim, Inc., a West Virginia Corporation Timothy N. RexroadCourt of Appeals for the Fourth Circuit · 1989
- Jennifer Alexa, Jeff Malone, and Tim Rugg v. City of Ann ArborDistrict Court, E.D. Michigan · 2026