Nautilus Insurance Company v. Keave Bayes

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 21, 2024
• Docket: 23-1421
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1421 Doc: 20 Filed: 06/21/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1421

NAUTILUS INSURANCE COMPANY,

Plaintiff - Appellee,

v.

KEAVE W. BAYES,

Defendant - Appellant,

and

CRAIG RUTLAND; KENNETH DARRELL ANDREWS,

Defendants.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, Chief District Judge. (1:22-cv-00064-CCE-JLW)

Submitted: March 18, 2024 Decided: June 21, 2024

Before GREGORY and BENJAMIN, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Sanford W. Thompson, IV, SANFORD THOMPSON PLLC; John Paul Godwin, Timothy M. Lyons, HARDISON & COCHRAN PLLC, Raleigh, North Carolina, for Appellant. Shelley S. Montague, GALLIVAN, WHITE & BOYD, P.A., Columbia, USCA4 Appeal: 23-1421 Doc: 20 Filed: 06/21/2024 Pg: 2 of 3

South Carolina; James M. Dedman, IV, GALLIVAN, WHITE, & BOYD, P.A., Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 23-1421 Doc: 20 Filed: 06/21/2024 Pg: 3 of 3

PER CURIAM:

Keave W. Bayes appeals the district court’s order granting summary judgment to

Nautilus Insurance Company in this insurance coverage dispute. We review the district

court’s order de novo, see Ballengee v. CBS Broad., Inc., 968 F.3d 344, 349 (4th Cir. 2020),

applying North Carolina law in this diversity case, see Liberty Univ., Inc. v. Citizens Ins.

Co. of Am., 792 F.3d 520, 528 (4th Cir. 2015). After reviewing the contract and the facts

surrounding Bayes’ injury, we agree with the district court that the L205 endorsement is

unambiguous and applies to bar coverage in this case. See Digh v. Nationwide Mut. Fire

Ins. Co., 654 S.E.2d 37, 39 (N.C. Ct. App. 2007) (emphasizing, in the absence of

ambiguity, courts should construe insurance policies “by the plain, ordinary and accepted

meaning of the language used” (internal quotation marks omitted)). Therefore, we affirm

the district court’s order. Nautilus Ins. Co. v. Bayes, No. 1:22-cv-00064-CCE-JLW

(M.D.N.C. Mar. 15, 2023; Mar. 23, 2023). 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