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

[DO NOT PUBLISH]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.