Court of Appeals for the Fourth Circuit January 23, 2004, 03-1195 (Progressive Paloverde Insurance Company v. Hartford Fire Insurance Company)

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge SHEDD and Senior Judge MICHAEL joined.

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OPINION

LUTTIG, Circuit Judge:

Progressive Paloverde Insurance Company (“Progressive”) brought suit against Hartford Fire Insurance Company (“Hartford”), seeking a declaratory judgment that Hartford was the primary insurer for injuries sustained by Timothy Freeman