Penn-Am. Ins. Co. v. Mapp, 4th Cir. Mar. 20, 2008
06-2279 Penn-Am. Ins. Co. v. Mapp
Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.
KING, Circuit Judge: Penn-America Insurance Company seeks to appeal from the district court’s Opinion and Order granting partial summary judgment to ACH Corporation of Chesapeake, Incorporated, and April Dawn Mapp. See Penn-Am. Ins. Co. v. Mapp, 461 F. Supp. 2d 442 (E.D. Va. 2006) (the “Opinion”). Penn-America initiated the underlying declaratory judgment proceeding in the Eastern District of Virginia, seeking declarations, inter alia, that it had no duty to defend or indemnify its insured, ACH, against tort claims being pursued by Mapp in Virginia state court. By its Opinion, the district court resolved the duty to defend issue in favor of ACH, but withheld ruling on the indemnification issue. The court then dismissed the proceeding from its “active docket,” subject to reinstatement upon “motion by any party.” Id. at 459. As explained below, the Opinion does not constitute an appealable decision and this appeal must be dismissed. … Penn-Am. Ins. Co. v. Mapp.
