The appellant-insurer concedes that it appeals from an interlocutory order: an order requiring it to defend its insured in an underlying lawsuit. The insurer contends the order is immediately appealable under 28 U.S.C. § 1292(a)(1) because the order functions as an injunction. However, because the underlying action has been resolved, there is no possible present or prospective requirement for the insurer to act by providing a defense to its insured. Instead, any breach by the insurer in failing to provide the insured a defense can be remedied at this juncture by an award of damages.
Selective Insurance Co. of America v. Westfield Insurance Co. (Lawyers Weekly No. 001-083-23, 11 pp.) (Barbara Milano Keenan, S.J.) No. 19-1498. Appealed from USDC at Raleigh, N.C. (Earl Britt, S.J.) Matthew Adams Abee and Robert Calamari for appellant; Morgan Stuart Templeton, Michael Terry Medford, Sanford Thompson, Mark Langdon, Phillip Reeves and James Dedman for appellees. United States Court of Appeals for the Fourth Circuit