With John O'Connor
In Perini/Tompkins Joint Venture v. ACE American Insurance Company, -- F.3d --, 2013 WL 6570947 (4th Cir. 2013), the United States Court of Appeals for the Fourth Circuit, applying Maryland and Tennessee law, affirmed the district court’s grant of summary judgment for general liability insurer when the insured settled the underlying claim without consulting or obtaining the approval of the insurer.