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TRAVCO INSURANCE COMPANY v. WARD

No. 10-1710.

TRAVCO INSURANCE COMPANY, Plaintiff-Appellee, v. LARRY WARD, Defendant-Appellant. NATIONAL ASSOCIATION OF HOME BUILDERS, Amicus Supporting Appellant, NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES; AMERICAN INSURANCE ASSOCIATION, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2012.

Attorney(s) appearing for the Case

ARGUED: Michael Francis Imprevento , BREIT DRESCHER IMPREVENTO & WALKER, PC, Norfolk, Virginia, for Appellant.

Stephen Edward Goldman , ROBINSON & COLE LLP, Hartford, Connecticut, for Appellee.

ON BRIEF: Jeffrey A. Breit , John W. Drescher , BREIT DRESCHER IMPREVENTO & WALKER, PC, Norfolk, Virginia; Richard J. Serpe , LAW OFFICES OF RICHARD J. SERPE, PC, Norfolk, Virginia, for Appellant.

John B. Mumford, Jr. , Kathryn E. Kransdorf , HANCOCK, DANIEL, JOHNSON & NAGLE, PC, Glen Allen, Virginia; Wystan M. Ackerman , Daniel F. Sullivan , Jamie M. Landry , ROBINSON & COLE LLP, Hartford, Connecticut, for Appellee.

David S. Jaffe , NATIONAL ASSOCIATION OF HOME BUILDERS, Washington, D.C., for National Association of Home Builders, Amicus Supporting Appellant.

Thomas W. Curvin , Amy K. Averill , SUTHERLAND ASBILL & BRENNAN LLP, Atlanta, Georgia; Steuart H. Thomsen , SUTHERLAND ASBILL & BRENNAN LLP, Washington, D.C., for National Association of Mutual Insurance Companies, Amicus Supporting Appellee.

Raoul G. Cantero , Michelle Holmes Johnson , WHITE & CASE LLP, Miami, Florida, for American Insurance Association, Amicus Supporting Appellee.

Unpublished Order of Certification of a question of law to the Supreme Court of Virginia.

PER CURIAM:

Larry Ward ("Ward") appeals from an order granting summary judgment in favor of the issuer of his homeowners insurance policy, Travco Insurance Company ("Travco"), and declaring that he is not entitled to coverage for damages to his home allegedly caused by the drywall used therein. Although the district court found that Ward had suffered a loss within the policy's coverage, it also concluded that coverage was excluded by four provisions: the latent defect...

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