Filed: Aug. 02, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1072 AUGUSTINE F. FORKWAR, Plaintiff - Appellant, v. PROGRESSIVE NORTHERN INSURANCE COMPANY; PROGRESSIVE CLASSIC INSURANCE COMPANY, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:11-cv-03482-AW) Submitted: July 15, 2013 Decided: August 2, 2013 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit J
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1072 AUGUSTINE F. FORKWAR, Plaintiff - Appellant, v. PROGRESSIVE NORTHERN INSURANCE COMPANY; PROGRESSIVE CLASSIC INSURANCE COMPANY, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:11-cv-03482-AW) Submitted: July 15, 2013 Decided: August 2, 2013 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Ju..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1072
AUGUSTINE F. FORKWAR,
Plaintiff - Appellant,
v.
PROGRESSIVE NORTHERN INSURANCE COMPANY; PROGRESSIVE CLASSIC
INSURANCE COMPANY,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District
Judge. (8:11-cv-03482-AW)
Submitted: July 15, 2013 Decided: August 2, 2013
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Timothy F. Maloney, Joseph M. Creed, JOSEPH, GREENWALD & LAAKE,
P.A., Greenbelt, Maryland, for Appellant. Angus R. Everton,
MORGAN CARLO DOWNS & EVERTON P.A., Hunt Valley, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
This case involves a coverage dispute under a commercial
auto liability insurance policy. On appeal, Augustine Forkwar
(Plaintiff) challenges the district court’s grant of summary
judgment in favor of Progressive Northern Insurance Company
(Defendant) with respect to Plaintiff’s claims alleging breach
of contract and entitlement to declaratory relief.
Our careful review of the briefing, appellate record, and
relevant law compels us to conclude that the district court did
not err in granting summary judgment in favor of Defendant. We
affirm on the reasoning of the district court, as stated in its
well-reasoned December 14, 2012 memorandum opinion. * Forkwar v.
Progressive N. Ins. Co.,
910 F. Supp. 2d 815 (D.Md. 2012).
*
We note that Plaintiff named codefendant Progressive
Classic Insurance Company as an appellee in this case, but did
not present any argument in his opening appellate brief
challenging the district court’s grant of summary judgment below
in favor of Progressive Classic Insurance Company. Accordingly,
we deem Plaintiff to have abandoned his appeal with respect to
Progressive Classic Insurance Company. See Wahi v. Charleston
Area Med. Ctr., Inc.,
562 F.3d 599, 607 (4th Cir. 2009)
(“Federal Rule of Appellate Procedure 28(a)(9)(A) requires that
the argument section of an appellant’s opening brief must
contain the ‘appellant’s contentions and the reasons for them,
with citations to the authorities and parts of the record on
which the appellant relies.’ Because [appellant] Wahi has
failed to comply with the specific dictates of Rule 28(a)(9)(A),
we conclude that he has waived his claims . . . .”).
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We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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