Argued January 29, 2015
Appeal from the United States District Court for the District ofMaryland, at Baltimore. Marvin J. Garbis, Senior District Judge. (1:13-cv-01384-MJG).
Robert Lawrence Ferguson, Jr., FERGUSON, SCHETELICH & BALLEW, PA, Baltimore, Maryland, for Appellant.
Georgia S. Foerstner, CLARK & FOX, Cherry Hill, New Jersey, for Appellee.
Ann D. Ware, FERGUSON, SCHETELICH & BALLEW, PA, Baltimore, Maryland, for Appellant.
John M. Clark, CLARK & FOX, Cherry Hill, New Jersey, for Appellee.
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Judge Gregory wrote the opinion, in which Judge Wilkinson and Judge Shedd joined.
GREGORY, Circuit Judge
Capital City Real Estate, LLC (" Capital City" ) initiated this declaratory judgment action in the District of Maryland, seeking a declaration that Certain Underwriters at Lloyd's London (" Underwriters" ) were obligated to defend and indemnify Capital City against a negligence lawsuit filed in the Superior Court for the District of Columbia. The district court granted summary judgment in favor of the Underwriters, concluding that it had no duty to defend or indemnify Capital City. Because the district court erred in granting summary judgment to the Underwriters, we vacate and remand.
Central to this dispute is the common wall shared by the structures located at 55 Bryant Street, NW, Washington, DC (" 55 Bryant Street" ) and 57 Bryant Street, NW, Washington, DC (" 57 Bryant Street" ). 55 Bryant Street was owned by Leon Yates (" Yates" ) and insured by The Standard Fire Insurance Company (" Standard Fire" ). Capital City, a real estate development company with its principal place of business in Washington, DC, was operating as the general contractor for the renovation of 57 Bryant Street in 2008 and 2009.
Capital City subcontracted the foundation, structural, and underpinning work for the 57 Bryant Street renovations to Marquez Brick Work, Inc. (" Marquez" ), a " corporation engaged in the business of concrete, bricks, blocks, and foundation work with its principal place of business located in Maryland." J.A. 268. " The subcontract between Capital City and Marquez Brick required Marquez Brick to indemnify Capital City for damages caused by its [Marquez's] work and further required Marquez Brick to maintain certain general liability insurance naming Capital City as an additional insured." J.A. 269. Accordingly, on November 17, 2008, the Underwriters issued an insurance policy (the " Policy" ) to Marquez, effective from November 17, 2008, through November 17, 2009. In December 2008, the Underwriters also issued an Endorsement (the " Endorsement" ) to the Policy listing Capital City as an additional insured party on the Policy. As relevant to this case, the Endorsement amends the Policy to cover Capital City as an additional insured,
but only with respect to liability for . . . " property damage" . . . caused in whole or in part by:
1. [Marquez's] acts or omissions; or
2. The acts or omissions of those acting on [Marquez's] behalf;
in the performance of [Marquez's] ongoing operations for [Capital City in ...