TMS Envirocon, Inc. v. BB&T Insurance Services, Inc. ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1846
TMS ENVIROCON, INCORPORATED,
Plaintiff - Appellant,
v.
BB&T INSURANCE SERVICES, INCORPORATED, d/b/a DeJarnett &
Paul,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:09-cv-00598-RAJ-DEM)
Submitted: April 28, 2011 Decided: May 25, 2011
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John S. Wilson, WILSON & MCINTYRE, PLLC, Norfolk, Virginia, for
Appellant. W.F. Drewry Gallalee, Harold E. Johnson, WILLIAMS
MULLEN, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
TMS Envirocon, Inc., appeals the district court’s
order granting summary judgment to BB&T Insurance Services,
Inc., on TMS’ breach of contract claim. TMS claimed that
because BB&T Insurance Services failed to timely report a TMS
claim to its insurer, as it was contractually obligated to do,
TMS lost insurance coverage for the claim.
“Because we have diversity jurisdiction in this case,
we apply the choice of law rules of the forum state — in this
case Virginia.” CACI Int’l, Inc. v. St. Paul Fire & Marine Ins.
Co., 566 F.3d 150, 154, 155 (4th Cir. 2009). In Virginia “[t]he
elements of a breach of contract action are (1) a legally
enforceable obligation of a defendant to a plaintiff; (2) the
defendant’s violation or breach of that obligation; and
(3) injury or damage to the plaintiff caused by the breach of
obligation.” Filak v. George, 594 S.E.2d 610, 614 (Va. 2004)
(citations omitted).
After carefully reviewing the record, we conclude that
the district court did not err in holding that TMS failed to
prove causation because the insurer denied coverage of the claim
also on the alternative ground that the policy did not provide
coverage for the claim. Accordingly, we affirm. We dispense
with oral argument because the facts and legal contentions are
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adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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