U.S. Court of Appeals for the Eleventh Circuit, 2009

Great American Ins. Co. v. National Union Fire Ins

Great American Ins. Co. v. National Union Fire Ins
U.S. Court of Appeals for the Eleventh Circuit · Decided July 20, 2009

Great American Ins. Co. v. National Union Fire Ins

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 20, 2009 No. 08-14516 THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 05-21427-CV-JLK GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation, Plaintiff- Counter-Defendant- Appellant Cross-Appellee, versus NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a Pennsylvania corporation, and, Defendant- Counter-Claimant- Appellee Cross-Appellant, LEXINGTON INSURANCE COMPANY, a Delaware corporation as the insurers of their additional insured, General Asphalt Company, Inc., a Florida corporation, Defendant-Appellee. ________________________ Appeals from the United States District Court for the Southern District of Florida _________________________ (July 20, 2009) Before EDMONDSON, BLACK and SILER,* Circuit Judges.

PER CURIAM: We affirm the judgment of the district court. Briefly stated, General Asphalt was not covered as an additional insured under the policies issued to Bob’s by National or Lexington because the underlying injuries for which General Asphalt was potentially liable did not arise out of Bob’s work. Therefore, Great American Insurance Company was not due reimbursement from National.1 AFFIRMED.

* Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation.

Moreover, Defendant Lexington did not have a duty to defend General Asphalt because the complaint did not allege injuries that would bring it into coverage under Lexington’s policy.

In addition, because we affirm the district court’s grant of summary judgment, we need not address Defendant National’s cross-appeal.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.