National Coatings & Supplies, Inc.; Single Source, Inc. v. Valley Forge Insurance Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1421
NATIONAL COATINGS & SUPPLIES, INC.; SINGLE SOURCE, INC.,
Plaintiffs - Appellants,
v.
VALLEY FORGE INSURANCE COMPANY,
Defendant – Appellee.
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AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION;
NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES,
Amici Supporting Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Richard E. Myers, II, Chief District Judge. (5:20-cv-00275-M)
Submitted: May 31, 2022 Decided: June 7, 2022
Before THACKER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Gregg E. McDougal, Lawrence R. Duke, William R. Hartzell, THE
MCDOUGAL LAW FIRM, PLLC, Raleigh, North Carolina, for Appellants. Jennifer A.

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Welch, Theodore B. Smyth, Steven A. Bader, CRANFILL SUMNER LLP, Raleigh, North
Carolina; Kannon K. Shanmugam, Brian M. Lipshutz, Washington, D.C., H. Christopher
Boehning, PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP, New York, New
York, for Appellee. Wystan M. Ackerman, ROBINSON & COLE LLP, Hartford,
Connecticut; George E. Reede, Jr., ZELLE LLP, Washington, D.C.; Laura A. Foggan,
CROWELL & MORING LLP, Washington, D.C., for Amici American Property Casualty
Insurance Association and National Association of Mutual Insurance Companies.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Plaintiffs, National Coatings & Supplies, Inc. and Single Source, Inc., appeal the
district court’s order granting Valley Forge Insurance Co. (“Valley Forge”) summary
judgment on Plaintiffs’ claims for declaratory judgment, breach of contract, and breach of
the covenant of good faith and fair dealing. Plaintiffs’ claims stemmed from Valley
Forge’s denial of insurance benefits Plaintiffs asserts Valley Forge owed them to cover
business loss they sustained during the COVID-19 pandemic. We have reviewed the
record and find no reversible error. Accordingly, we affirm the district court’s order. See
Nat’l Coatings & Supplies, Inc. v. Valley Forge Ins. Co., No. 5:20-cv-00275-M (E.D.N.C.
March 16, 2021); see also Uncork & Create LLC v. Cincinnati Ins. Co., 27 F.4th 926, 933-
34 (4th Cir. 2022) (holding that insurance “policy’s coverage for business income loss and
other expenses d[id] not apply to [plaintiff’s] claim for financial losses [caused by the
COVID-19 pandemic] in the absence of any material destruction or material harm to its
covered premises” and further “observ[ing] that our holding is consistent with the
unanimous decisions by our sister circuits, which have applied various states’ laws to
similar insurance claims and policy provisions”).
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

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