Court of Appeals for the Fourth Circuit April 9, 2004, Nos. 02-2360, 02-2361 (St. Paul Fire & Marine Insurance v. American International Specialty Lines Insurance)

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON and Judge TRAXLER joined.

LUTTIG, Circuit Judge:

The instant appeal arises from the settlement of a tort action brought by Terrence Merritt against, inter alia, the owner and the operator of a Virginia resort.