Allstate Indemnity Company v. Phillip Bryant

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:14-cv-00090-BR Copies to all parties and the district court/agency. [999769827].. [15-1737, 15-1764]

Appeal: 15-1737

Doc: 22

Filed: 03/08/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1737

ALLSTATE INDEMNITY COMPANY,
Plaintiff - Appellee,
v.
PHILLIP R. BRYANT,
Defendant - Appellant,
and
LARRY J. OETTER,
Defendant.

No. 15-1764

ALLSTATE INDEMNITY COMPANY,
Plaintiff - Appellee,
v.
LARRY J. OETTER,
Defendant - Appellant,
and
PHILLIP R. BRYANT,
Defendant.

Appeal: 15-1737

Doc: 22

Filed: 03/08/2016

Pg: 2 of 3

Appeals from the United States District Court for the Eastern
District of North Carolina, at Greenville.
W. Earl Britt,
Senior District Judge. (4:14-cv-00090-BR)

Submitted:

February 29, 2016

Decided:

March 8, 2016

Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Glenn A. Barfield, HAITHCOCK, BARFIELD, HULSE & KINSEY, PLLC,
Goldsboro, North Carolina; Evan G. Lewis, Washington, North
Carolina, for Appellants.
Jeffrey B. Kuykendal, MCANGUS,
GOUDELOCK & COURIE, LLC, Charlotte, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 15-1737

Doc: 22

Filed: 03/08/2016

Pg: 3 of 3

PER CURIAM:
In

these

joint

appeals,

Phillip

R.

Bryant

and

Larry

J.

Oetter challenge the district court’s orders granting summary
judgment

to

Allstate

Indemnity

Company

(“Allstate”)

and

declaring that Allstate has no obligation to defend or indemnify
Oetter in Bryant’s state court action against him.

We have

reviewed de novo the district court’s grant of summary judgment,
see Pryor v. United Air Lines, Inc., 791 F.3d 488, 495 (4th Cir.
2015) (stating standard of review), and agree with the district
court that Allstate was entitled to judgment as a matter of law.
Appellants’

arguments

to

the

contrary

are

not

persuasive.

Accordingly, we affirm for the reasons stated by the district
court.
(E.D.N.C.

Allstate
June

9,

Indem.
2015);

Co.

v.

Bryant,

Allstate

Indem.

4:14-cv-00090-BR (E.D.N.C. June 9, 2015).

No.
Co.

4:14-cv-00090-BR
v.

Oetter,

No.

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

3