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ST. PAUL FIRE INS v. AM INTERN SPEC LINES

Nos. 02-2360, 02-2361.

365 F.3d 263 (2004)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Appellant, v. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Defendant-Appellee, and TIG Insurance Company; CNA Casualty Company of California, Defendants. St. Paul Fire & Marine Insurance Company, Plaintiff, v. TIG Insurance Company, Defendant-Appellant, and American International Specialty Lines Insurance Company, Defendant-Appellee, and CNA Casualty Company of California, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: April 9, 2004.

Attorney(s) appearing for the Case

ARGUED: Thomas Sykes Schaufelberger, Wright, Robinson, Osthimer & Tatum, Washington, D.C., for TIG Insurance Company. Elizabeth Stanulis Skilling, Harman, Claytor, Corrigan & Wellman, Richmond, Virginia, for St. Paul Fire & Marine Insurance Company. Robert N. Kelly, Jackson & Campbell, P.C., Washington, D.C., for Appellee. ON BRIEF: Paul A. Fitzsimmons, Wright, Robinson, Osthimer & Tatum, Washington, D.C., for TIG Insurance Company. John M. Claytor, Harman, Claytor, Corrigan & Wellman, Richmond, Virginia, for St. Paul Fire & Marine Insurance Company. John R. Casciano, Jackson & Campbell, P.C., Washington, D.C., for Appellee.

Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON and Judge TRAXLER joined.

LUTTIG, Circuit Judge:

The instant appeal arises from the settlement of a tort action brought by Terrence Merritt against, inter alia, the owner and the operator of a Virginia resort. Merritt's lawsuit sought damages for an alleged food poisoning he suffered while at the resort. The defendants agreed to settle the action for...

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