4th Cir. Majority Finds Lower Court Erred in Certifying Summary Judgment Order as ‘Final’

BALTIMORE — A 4th Circuit U.S. Court of Appeals panel majority has ruled that a trial court erred in certifying an order granting a CBD company’s motion for partial summary judgment in an insurance coverage action because it did not resolve the issue of damages due.

In an April 20 opinion, the majority explained that while the district court resolved issue of whether the insurer was liable for providing coverage, “the order does not embody the essential elements of a money judgment because the court has not found all of the facts necessary to compute the amount of damages due.’”