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Marks v. Scottsdale Insurance Co.

United States Court of Appeals, Fourth Circuit

June 29, 2015

DANNY RAY MARKS, JR., Plaintiff - Appellant,
v.
SCOTTSDALE INSURANCE COMPANY, Defendant - Appellee and TIMOTHY B. JOHNSON, Plaintiff,

Argued, May 13, 2015

Page 449

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. (3:14-cv-00025-DJN). David J. Novak, Magistrate Judge.

ARGUED:

John Janney Rasmussen, INSURANCE RECOVERY LAW GROUP, PLC, Richmond, Virginia, for Appellant.

John Becker Mumford, Jr., HANCOCK, DANIEL, JOHNSON & NAGLE, P.C., Glen Allen, Virginia, for Appellee.

ON BRIEF:

Eileen R. Geller, HANCOCK, DANIEL, JOHNSON & NAGLE, P.C., Glen Allen, Virginia, for Appellee.

Before GREGORY and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Judge Harris wrote the opinion, in which Judge Gregory and Senior Judge Hamilton joined.

OPINION

Page 450

PAMELA HARRIS, Circuit Judge

Plaintiff Timothy B. Johnson (" Johnson" ) is a member of the Northumberland Hunt Club (the " Hunt Club" or the " Club" ). While hunting on Club-leased land, he unintentionally shot and injured Plaintiff-Appellant Danny Ray Marks, Jr. (" Marks" ), who was driving nearby on a public road. Marks sued both Johnson and the Hunt Club in Virginia court, alleging that each had been negligent in connection with his accidental shooting. Defendant-Appellee Scottsdale Insurance Company (" Scottsdale" ), which insures the Club under a general liability policy, denied coverage to Johnson, contending that the policy does not cover Club members for their personal recreational activities but only for liability arising from some official action of the Hunt Club or actions undertaken on behalf of the Club. The magistrate judge agreed with Scottsdale, and awarded it summary judgment. For the reasons that follow, we affirm.

I.

A .


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