RESPONDENT:Continental Insurance Company
LOCATION:Larned State Hospital
DOCKET NO.: 96-1033
DECIDED BY: Rehnquist Court (1986-2005)
LOWER COURT: United States Court of Appeals for the Fourth Circuit
CITATION: 520 US 893 (1997)
DECIDED: Jun 02, 1997
Facts of the case
Lords Landing Village Condominium Council of Unit Owners, an association of condominium owners, sued Continental Insurance Company in Maryland state court, seeking to compel it to pay a judgment the association had obtained against an insured condominium developer. The company removed the case to federal court. As a matter of Maryland law, the case involved the extent of the developer’s coverage under a general liability insurance policy. The District Court granted summary judgment in favor of the company. The Court of Appeals affirmed. Subsequently, the appellate court denied a petition for rehearing. Later, the association’s counsel learned of a recent decision by Maryland’s highest court in another case that also involved liability insurance coverage. The association brought this decision to the Court of Appeals’ attention in a motion to stay or recall the court’s mandate. The appellate court denied the motion.
Is it appropriate, when a holding of the federal appellate court below is called into question by a recent decision of a State’s highest court, for the U.S. Supreme Court to grant a petition for certiorari, vacate the judgment of the lower court, and remand the case for further consideration?