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LIBERTY MUTUAL FIRE INSURANCE COMPANY v. JT WALKER INDUSTRIES, INC.

Nos. 12-2256, 12-2350.

LIBERTY MUTUAL FIRE INSURANCE COMPANY; EMPLOYERS INSURANCE OF WAUSAU, a mutual company, Plaintiffs-Appellees, v. JT WALKER INDUSTRIES, INC., f/k/a Metal Industries, Inc.; MI WINDOWS & DOORS, INC., f/k/a MI Home Products, Inc., f/k/a Metal Industries, Inc. of California, Defendants-Appellants. LIBERTY MUTUAL FIRE INSURANCE COMPANY; EMPLOYERS INSURANCE OF WAUSAU, a mutual company, now known as Employers Insurance Company of Wausau, Plaintiffs-Appellants, v. JT WALKER INDUSTRIES, INC., f/k/a Metal Industries, Inc.; MI WINDOWS & DOORS, INC., f/k/a MI Home Products, Inc., f/k/a Metal Industries, Inc. of California, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 10, 2014.

Attorney(s) appearing for the Case

ARGUED: Richard Hugh Lumpkin , VER PLOEG & LUMPKIN, P.A., Miami, Florida, for Appellants/Cross-Appellees.

Charles Mitchell Brown , NELSON MULLINS RILEY & SCARBOROUGH, LLP, Columbia, South Carolina, for Appellees/Cross-Appellants.

ON BRIEF: Meghan C. Moore , W. Allen Bonner , VER PLOEG & LUMPKIN, P.A., Miami, Florida; William K. Davis , Alan M. Ruley , BELL, DAVIS & PITT, P.A., Winston-Salem, North Carolina, for Appellants/Cross-Appellees.

William C. Wood, Jr. , NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina; Morgan S. Templeton , WALL TEMPLETON & HALDRUP, PA, Charleston, South Carolina; J. Mark Langdon , ELMORE AND WALL, Raleigh, North Carolina, for Appellees/Cross-Appellants.

Affirmed in part, vacated in part, and remanded by unpublished opinion. Judge Gregory wrote the opinion, in which Judge Davis and Judge Thacker joined. Judge Davis wrote a separate concurring opinion.

UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

GREGORY, Circuit Judge

Liberty Mutual Fire Insurance Company ("Liberty") filed an action in the district court seeking reimbursement under its insurance policies after settling five product defect lawsuits. Liberty insured J.T. Walker Industries, Inc. and its subsidiary MI Windows & Doors, Inc. (collectively, "MI"), named defendants in the product defect...

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