Filed: Feb. 05, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1915 THE CONTINENTAL INSURANCE COMPANY, Plaintiff - Appellant, v. MARK A. GENTILE, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:13-cv-00654-LO-IDD) Submitted: January 16, 2014 Decided: February 5, 2014 Before NIEMEYER and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1915 THE CONTINENTAL INSURANCE COMPANY, Plaintiff - Appellant, v. MARK A. GENTILE, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:13-cv-00654-LO-IDD) Submitted: January 16, 2014 Decided: February 5, 2014 Before NIEMEYER and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opin..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1915
THE CONTINENTAL INSURANCE COMPANY,
Plaintiff - Appellant,
v.
MARK A. GENTILE,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Liam O’Grady, District
Judge. (1:13-cv-00654-LO-IDD)
Submitted: January 16, 2014 Decided: February 5, 2014
Before NIEMEYER and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Christopher A. Abel, G. Blake Christensen, WILLCOX & SAVAGE, PC,
Norfolk, Virginia, for Appellant. David Rosenblum, ROSENBLUM &
ROSENBLUM, LLC, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
The Continental Insurance Company (“Continental”)
filed an action seeking a declaratory judgment that it did not
owe Mark A. Gentile under a marine insurance policy it issued to
insure his sailboat. Gentile personally sustained injuries from
an unidentified/uninsured boater, and the policy included an
uninsured boater provision in its Coverage G. Continental
alleged the incident was excluded, however, because there was no
boat-to-boat damage as required under Exclusion F of the policy.
The parties filed cross-motions for judgment as a matter of law
under Fed. R. Civ. P. 12(c), and the district court denied
Continental’s motion and granted Gentile’s.
Continental appeals, raising three issues: (1) whether
the district court erred by relying on evidence outside the four
corners of the policy of marine insurance issued to Gentile in
order to determine that the policy was subject to the
requirements contained in Virginia Code Ann. § 38.2-2232 (Lexis
Nexis 2007); (2) whether the district court erred by ruling that
the policy of marine insurance issued to Gentile was subject to
the requirements contained in § 38.2-2232; and (3) whether the
district court erred by ruling that the policy of marine
insurance issued to Gentile was in conflict with the
requirements contained in § 38.2-2232, and, as such, Exclusion F
to that policy’s Coverage G was unenforceable.
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We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. The Cont’l Ins. Co. v. Gentile, No. 1:13-cv-
00654-LO-IDD (E.D. Va. July 12, 2013). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED
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