1 Page 1 of 7 St. Paul Fire & Marine Insurance Company, Appellant, v. Beatriz A. Llorente, etc., Appellee. Case No. 3D District Court of Appeal of Florida, Third District. Opinion filed December 24, Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap and Chris Ballentine, (Orlando), for appellant. Seiden, Alder, McLeod & Goodman and Wayne M. Alder, (Boca Raton), for appellee. Before SHEPHERD, C.J., and WELLS [*] and ROTHENBERG, JJ. WELLS, Judge. St. Paul Fire & Marine Insurance Company appeals the Final Summary Judgment entered in favor of Beatriz A. Llorente P.A. and Beatriz A. Llorente. The issue presented was whether an alleged negligent disbursement of funds by Llorente from her trust account was excluded from coverage under her Professional Liability Policy, which excluded "claims:... [a]rising out of the inability or failure to pay, collect, administer or safeguard funds held or to be held for others." The trial court found the exclusion inapplicable, we disagree. We reverse the order denying insurer St. Paul's motion for summary judgment and granting summary judgment in insured's favor. We review interpretation of an insurance policy de novo. Am. Equity Ins. Co. v. Van Ginhoven, 788 So. 2d 388, 390 (Fla. 5th DCA 2001) ("Because the interpretation of an insurance contract is a question of law, this court is entitled to review the trial court's coverage determination de novo."). As this court has previously explained, "[i]f exclusions are clearly stated within an insurance policy, they will be upheld." Hawk Termite & Pest Control, Inc. v. Old Republic Ins. Co., 596 So. 2d 96, 97 (Fla. 3d DCA 1992); accord Van Ginhoven, 788 So. 2d at 390. The exclusion at issue in this case could not be more clearly stated and excludes Llorente's claim. The policy at issue was issued to Llorente both as an attorney and as a title insurance agent and, as pertinent here, obligates St. Paul to pay damages arising out of any error, omission, or negligent act on Llorente's part while rendering professional services. The policy does not, however, cover damages if Llorente erroneously or negligently pays or fails to pay any funds held by her or erroneously or negligently fails to keep safe or guard any funds held by her: SECTION VI EXCLUSIONS This insurance does not apply to "claims"...
2 Page 2 of 7 L. Arising out of the inability or failure to pay, collect, administer or safeguard funds held or to be held for others. Llorente, while acting as escrow agent during a real estate transaction, disbursed $1.5 million being held in her trust account before the conditions for release of those funds were met. The insurer claimed that this constituted a failure to safeguard the funds entrusted to Llorente, a circumstance excluded from coverage under the policy. Llorente maintained that the term "safeguard" as used in the policy was ambiguous and therefore should be interpreted as requiring no more than protecting the funds from something undesirable happening to them such as conversion, misappropriation, or improper commingling, leading to a loss. We find this limited view of the term "safeguard" spurious, especially in light of the policy's exclusionary section VI A, which separately and specifically excludes such claims: SECTION VI EXCLUSIONS This insurance does not apply to "claims" A. Arising out of any dishonest, fraudulent, criminal or malicious act, error, omission or "personal injury" committed by, at the direction of an insured. Interesting too, is the next sentence of section VI A: This exclusion does not apply to an insured who did not personally commit or personally participate in committing any of the knowingly wrongful acts, errors, omissions or "personal injury" provided that: [insured had no notice] [upon notice, immediately contacted the insurer]. No similar forgiving language appears in the exclusionary section VI L. Rather, we find it clear that, as St. Paul argues, the failure to "safeguard" funds must include the act of negligently or wrongfully releasing the funds. We reject Llorente's argument that "safeguard" is an ambiguous term. Thus, there is no need to read meaning into the term "safeguard" and no reason to require the insurer to cover a loss it expressly excluded from its policy coverage. See, e.g., Chicago Title Ins. Co. v. Northland Ins. Co., 31 So. 3d 214, 216 (Fla. DCA 2010) (stating that "semantics cannot avoid the obvious"). We see no reason why Llorente and St. Paul's definition of the word "safeguard" do not both easily fall under the definition of safeguard.  Whether stolen or wrongfully disbursed, there was a failure to safeguard the $1.5 million at issue, i.e. keep it safe until disbursement was properly authorized. When this attorney/escrow agent/fiduciary disbursed the funds before the preconditions to the release of those funds had been met there is no question that she failed to guard and keep safe the funds entrusted to her. See SO5 501, LLC v. Metro-Dade Title Co., 109 So. 3d 1192, 1194 (Fla. 3d DCA 2013) (acknowledging the fiduciary duty owed by escrow agents); Watkins v. NCNB Nat. Bank of Florida, N.A., 622 So. 2d 1063, 1064 (Fla. 3d DCA 1993); Williams v. Hunt Bros. Constr., Inc., 475 So. 2d 738, 741 (Fla. 2d DCA 1985) ("A fiduciary, be he an attorney or not, must account for and deliver over property or money of a beneficiary, client, or third party which has been entrusted to him for a particular purpose and which he was required to have held in trust."); see also United Am. Bank of Cent. Fla., Inc. v. Seligman, 599 So. 2d 1014,
3 Page 3 of (Fla. 5th DCA 1992) (concluding that an escrow agent breached his duty when he disbursed escrowed funds directly to his client, rather than the bank which had become third-party beneficiary to client's rights by virtue of assignment of client's interests in the escrow funds). Llorente cites to Flint-Lambert, P.C. v. Gulf Ins. Co., 2005 WL , *1 (N.D. Tex. Aug. 25, 2005). However that case supports St. Paul's rather than Llorente's position. Flint-Lambert is a law firm. It provided improper wiring instructions from which its title company client disbursed escrow payments from real estate transactions. After the title company made good the erroneous payment made pursuant to Flint-Lambert's instructions, it demanded that Flint-Lambert reimburse it. Flint-Lambert then made a claim with Gulf, its insurer, to recover on this loss. Gulf denied the claim because although Gulf's policy provided that Gulf would pay on behalf of Flint-Lambert damages arising out of an error, omission, or negligent act while rendering or failing to render professional legal services, Flint-Lambert's claim was excluded from coverage under the same provision at issue here.  While the dispute in Flint-Lambert centered on the same exclusionary language at issue here, the case did not turn on the meaning of "safeguard." Rather, that case turned on whether the exclusion applied only to the loss of funds held by Flint-Lambert (the insured) itself, or to the loss of funds held by a third party, there the title company: [Insurer] reads the provision to exclude claims arising out of [insured's] inability or failure to administer or safeguard funds irrespective of who held the funds; [insured], on the other hand, reads the provision to exclude claims arising out of its inability or failure to administer or safeguard funds held by [insured] for others. Flint-Lambert, 2005 WL at 2. To be sure, no one in that case argued the exclusionary language was inapplicable to a case where the funds were mistakenly or erroneously (as was the case there) released. Rather, the conflict and ambiguity in that case was found in who had to be in possession of the funds in order to make the provision applicable. No such question exists here. Likewise, Llorente cites to Murray v. Greenwich Ins. Co., 533 F.3d 644, 650 (8th Cir. 2008), as a case with similar exclusionary policy language to support the conclusion that the exclusion here does not apply.  However, Murray supports no such conclusion and holds nothing more than a "failure to return the entrusted deposits" triggers application of the exclusion: Each of the claims asserted within the underlying complaint, either directly or by incorporation, allege an injury originating from, or having its origin in, growing out of, or flowing from the failure to return the deposited funds. "But for" the failure to refund those deposits as promised, there would have been no claims. In other words, had the funds not been mishandled the claims alleged in the complaint would not have arisen. Thus, each of the claims is causally connected to and arose out of the failure to return the entrusted deposits. Accordingly, we conclude the exclusion applies and [the insurer] has no duty to defend. Murray, 533 F. 3d at 650 (citation omitted). 
4 Page 4 of 7 In sum, we conclude that this claim falls squarely within the policy exclusion providing that there is no coverage for any claims "arising out of the inability or failure to pay, collect, administer or safeguard funds held or to be held for others." Llorente did not "safeguard" the $1.5 million entrusted to her when she disbursed that sum before she was authorized to do so. The trial court's decision is reversed and the case remanded for entry of summary judgment in St. Paul's favor, resulting in no coverage for Llorente. ROTHENBERG, J., concurs. SHEPHERD, C.J., Dissenting. The question on this appeal is whether an attorney who is alleged to have negligently disbursed $1.5 million from an escrow account for which she was responsible, has also failed to "safeguard" those funds within the meaning of an exclusion from coverage, appearing in a Lawyers Professional Liability Insurance Policy, which excludes "claims:... [a]rising out of the inability or failure to pay, collect, administer or safeguard funds held or to be held for others." (emphasis added). The intuitive answer to the question is "yes." However, as the following discussion will demonstrate, it is dangerous to intuit the law. The insurance policy in this case was issued by St. Paul Fire & Marine Insurance Company to Beatriz Llorente. The policy insured Llorente both as an attorney and title insurance agent. The policy's insuring agreement obligates St. Paul to pay "damages" which "arise out of an error, omission, negligent act or `personal injury' in the rendering of or failure to render `professional legal services' for others by you or on your behalf." In a separate action, HBR Realty, LLC alleges wrongful conduct by Llorente in her capacity as a closing and escrow agent for a real estate transaction by improperly releasing $1.5 million from her trust account before conditions precedent occurred. For purpose of this coverage determination, Llorente's negligence is assumed. U.S. Fire Ins. Co. v. Hayden Bonded Storage Co., 930 so. 2d 686, 691 (Fla. 4th DCA 2006) ("If the complaint sets forth facts which bring the claim within the policy coverage, [a] duty to defend arises."). St. Paul asserts loss is excluded from coverage under Section VI L of the insurance policy. This section of the policy reads as follows: SECTION VI EXCLUSIONS This insurance does not apply to "claims":... L. Arising out of the inability or failure to pay, collect, administer or safeguard funds held or to be held for others. (emphasis added). The term "safeguard," as used within Section VI L of the policy, is not defined. Llorente argues that "safeguard" simply means to protect funds against something undesirable happening to them, such as theft, conversion, misappropriation, or improper commingling, leading to a loss. Support for her position is found in the dictionary definition of safeguard and even in the legal definition of synonymous words, such as "safekeeping." See The American Heritage Dictionary of the English
5 Page 5 of 7 Language 1142 (William Morris ed., 1979) ("safeguard... -tr.v.... [t]o insure the safety of; to guard; protect. See Synonyms at defend."); see also Black's Law Dictionary 1453 (9th ed. 2009) ("safekeeping. 1. The act of protecting something in one's custody. 2. Under the Securities Investors Protection Act, the holding of a security on behalf of the investor or broker that has paid for it."). St. Paul, on the other hand, urges that a wrongful disbursement of the funds is also included. The majority reasons that because, in its mind, both parties' definition of the word "safeguard" could "easily fall under the definition of safeguard," the exclusion applies. The reasoning of the majority begs the question. The parties in this case contend for opposing interpretations of the operative exclusionary language. These proposals are no more compatible with each other than a briar and a rose. However, even if the majority's reasoning is correct, coverage nevertheless exists. See Washington Nat. Ins. Corp. v. Ruderman, 117 So. 3d 943, 948 (Fla. 2013) ("[P]olicy language is considered to be ambiguous... if the language `is susceptible to more than one reasonable interpretation, one providing coverage and the other limiting coverage.'") (quoting State Farm Mut. Auto. Ins. Co. v. Menendez, 70 So. 3d 566, 570 (Fla. 2011)); Travelers Indem. Co. v. PCR Inc., 889 So. 2d 779, 785 (Fla.2004); Swire Pacific Holdings Inc. v. Zurich Ins. Co., 845 So. 2d 161, 165 (Fla. 2003); Cheetham v. Southern Oak Ins. Co., 114 So. 3d 257, 261 (Fla. 3d DCA 2013) ("[I]f the salient policy language is susceptible to two reasonable interpretations, one providing coverage and the other excluding coverage, the policy is considered ambiguous.") (quoting Fayad v. Clarendon Nat. Ins. Co., 899 So. 2d 1082, 1086 (Fla. 2005)); East Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 676 (Fla. 3d DCA 2005) ("[I]f the language of the policy is susceptible to more than one reasonable interpretation, it is ambiguous, and a court will resolve such ambiguity in favor of the insured."). I would find, as did the learned trial judge, that the meaning of the word "safeguard," found in the exclusion, is ambiguous as applied to the facts of this case. Such a finding, of course, precipitates a host of interpretive rules adverse to the insurer. Perhaps most pertinent here is the rule that "where the language in an insurance policy is subject to differing interpretations, the policy language `should be construed liberally in favor of the insured and strictly against the insurer.'" Flores v. Allstate Ins. Co., 819 So. 2d 740, 744 (Fla. 2002) (citing State Farm Fire & Cas. Co. v. CTC Dev. Corp., 720 So. 2d 1072, 1076 (Fla. 1998)); see also Williamson v. Nurses' Mut. Protective Corp., 194 So. 643, 644 (Fla. 1940) ("We are aware of the rule approved by this court that in studying and construing insurance policies every effort should be bent to give force to all of the provisions contained and that in the event of ambiguities the insured will be favored over the insurer so that liberality will be indulged for the insured or for the larger indemnity"). "This is particularly true in interpreting exclusionary clauses, which are to be construed even more strictly than coverage clauses." Triano v. State Farm Mut. Auto. Ins. Co., 565 So. 2d 748, 749 (Fla. 3d DCA 1990). The closest case which actually interprets the same exclusion at issue in this case that the parties have found, or that I have found through the use of electronically assisted research, is Flint- Lambert, P.C. v. Gulf Ins. Co., 2005 WL (N.D. Tex. 2005) (unpublished). The underlying action in Flint-Lambert was a claim for indemnity brought by a real estate title company against its law firm, Flint-Lambert, P.C., to recover a loss incurred when the company disbursed escrow funds held by it based upon erroneous wiring instructions received from the law firm. The lawyer malpractice insurance policy, issued by Gulf Insurance Company to Flint-Lambert,
6 Page 6 of 7 contained the identical "funds handling" exclusion as does the policy issued by St. Paul to Llorente in our case. In Flint-Lambert, Gulf Insurance read the provision to exclude claims arising out of the law firm's inability or failure to administer or safeguard funds irrespective of who held the funds. The title company urged a narrower interpretation of the policy, arguing that by its terms the exclusion operated to exclude only claims arising out of funds "held by" the law firm or "to be held" by the law firm. The United States District Court concluded that both parties' interpretations were reasonable, and therefore, provision L of the Gulf Insurance policy was ambiguous. The Court found coverage to exist in favor of the third-party claimant title company. Although the ambiguity in the case before us arises out of a different factual scenario, the claimant in the underlying legal malpractice case is also a third-party claimant. The underlying claim falls within the language of the insuring agreement. "It has long been a tenet of Florida insurance law that an insurer, as the writer of an insurance policy, is bound by the language of the policy, which is to be construed liberally in favor of the insured and strictly against the insurer." Berkshire Life Ins. Co. v. Adelberg, 698 So. 2d 828, 830 (Fla. 1997). Under St. Paul's interpretation of "safeguard," any loss of funds through any act of negligence of an insured attorney or title insurance agent acting in her capacity as a closing and escrow agent would not be covered under the insurance policy. Like the Flint-Lambert court, I would decline to approve such a broad interpretation of provision L. Conclusion When all is said and done, it appears the majority has conflated the negligence claims made by HBR Realty, LLC against Llorente in the underlying liability case with the contractual question raised by the handling of funds exclusion in this declaratory judgment case. The first is a given for purposes of the coverage analysis in this case. The latter is a matter of contract interpretation with all the presumptions and adverse canons of constructions appurtenant thereto in the often separate and sometimes arcane world of insurance coverage law. I would affirm the judgment of the trial court. Not final until disposition of timely filed motion for rehearing. [*] Judge Wells did not participate in oral argument.  The fact that an apple and a banana are both "fruits" does not make the term "fruit" ambiguous.  The policy in Flint-Lambert, like the one at issue here, excluded claims "[a]rising out of the inability or failure to pay, collect, administer, safeguard, funds held or to be held for others." Id. at *1 (emphasis added).  There, as here, the policy excluded coverage for claims arising out of the inability or failure to safeguard funds held for others: Exclusion D excludes coverage for claims: D. based on or arising out of: the inability or failure to pay, collect or safeguard funds held for others. Murray, 533 F.3d at 647.
7 Page 7 of 7  As to Five Star Real Estate, LLC v. Kemper Cas. Ins. Co., 2006 WL , *2 (Mich. Ct. App. 2006), cited by the dissent, we find the facts of that case too far afield from the allegations herein to be persuasive in any manner. Save trees - read court opinions online on Google Scholar.
COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2002 WI App 237 Case No.: 02-0261 Complete Title of Case: KENNETH A. FOLKMAN, SR., DEBRA J. FOLKMAN AND KENNETH A. FOLKMAN, JR., Petition for Review filed.
Case: 14-60770 Document: 00513129690 Page: 1 Date Filed: 07/27/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT KINSALE INSURANCE COMPANY, Plaintiff - Appellee United States Court of Appeals
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WELLCARE OF FLORIDA, INC., f/k/a WELL CARE HMO, INC., Appellant,
Case: 10-30886 Document: 00511566112 Page: 1 Date Filed: 08/09/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D August 9, 2011 Lyle
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. : Ruling on Motion for Summary Judgment [Doc. #82] After
IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) CITY OF LINCOLN V. DIAL REALTY DEVELOPMENT NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT CRISTOBAL COLON, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. Case No.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF
Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01546-CV OKLAHOMA SURETY COMPANY, Appellant/Cross-Appellee
2015 IL App (1st 140790-U THIRD DIVISION March 25, 2015 No. 1-14-0790 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
Case 0:10-cv-00772-PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser,
Zurich American Insurance Company v. Diamond Title of Sarasota, Inc. et al Doc. 71 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ZURICH AMERICAN INSURANCE COMPANY, Plaintiff, v.
Case: 09-30299 Document: 0051998279 Page: 1 Date Filed: 01/07/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D January 7, 2010 Summary
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELOURDE COLIN, Appellant, v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O PROGRESSIVE AMERICAN INSURANCE
114 So.3d 257 Melania CHEETHAM and Charlie Cheetham, Appellants, v. SOUTHERN OAK INSURANCE COMPANY, Appellee. No. 3D11 3277. District Court of Appeal of Florida, Third District. March 27, 2013. Rehearing
FOR PUBLICATION ATTORNEYS FOR APPELLANT: DAVID L. TAYLOR THOMAS R. HALEY III Jennings Taylor Wheeler & Haley P.C. Carmel, Indiana ATTORNEY FOR APPELLEES: DOUGLAS D. SMALL Foley & Small South Bend, Indiana
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES E. MAGEE, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2050
Auto Owners Ins. Co. v. Southwest Nut Company, Inc., et al Doc. 1107470457 Case: 13-11672 Date Filed: 05/07/2014 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Case: 12-12181 Date Filed: 08/06/2013 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-12181 D.C. Docket No. 6:10-cv-01103-GAP-GJK STATE FARM FIRE & CASUALTY
Page 1 29 of 41 DOCUMENTS SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent. D062406 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE
Case: 15-10629 Date Filed: 08/06/2015 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15-10629 Non-Argument Calendar D.C. Docket No. 2:14-cv-00868-CSC W.L.
Filed 10/4/13; pub. order 10/28/13 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SAN DIEGO ASSEMBLERS, INC., D062406 Plaintiff and Appellant, v. WORK COMP
NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227
case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION CINDY GOLDEN, Plaintiff, v. No. 1:11 CV 399 STATE FARM MUTUAL
Case: 11-20469 Document: 00511904997 Page: 1 Date Filed: 06/29/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D June 29, 2012 Lyle
Case: 09-20311 Document: 00511062202 Page: 1 Date Filed: 03/25/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2010 Charles
Third District Court of Appeal State of Florida Opinion filed February 12, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D12-2622 Lower Tribunal No. 11-10021 Fernando Montes
Page 1 1 of 20 DOCUMENTS Colony Insurance Company v. Georgia-Pacific, LLC, Lumbermens Mutual Casualty Company, and Industrial Maintenance and Mechanical, Inc.; Geogia-Pacific, LLC v. Colony Insurance Company
Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE
2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEE Enterprise Leasing Company of Indianapolis, Inc.: MICHAEL E. SIMMONS CARL M. CHITTENDEN
Case 6:12-cv-00914-RBD-TBS Document 136 Filed 07/16/14 Page 1 of 7 PageID 4525 TROVILLION CONSTRUCTION & DEVELOPMENT, INC.; and CASA JARDIN CONDOMINIUM ASSOCIATION, INC., UNITED STATES DISTRICT COURT MIDDLE
Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY JUSTICE LAWRENCE L. KOONTZ, v. Record No. 951919 September
A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00350-CV 3109 Props, L.L.C.; Detour, Inc.; and Richard Linklater, Appellants v. Truck Insurance Exchange, Appellee FROM THE DISTRICT COURT OF
Case: 15-10510 Document: 00513424063 Page: 1 Date Filed: 03/15/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 15, 2016 Lyle W.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,
FOR PUBLICATION ATTORNEYS FOR APPELLANT: RICK D. MEILS WILLIAM M. BERISH JOHN W. MERVILDE Meils Thompson Dietz & Berish Indianapolis, Indiana ATTORNEY FOR APPELLEES: JUSTIN STIMSON Bloomington, Indiana
In the Missouri Court of Appeals Western District ARCH INSURANCE COMPANY, Respondent, v. SUNSET FINANCIAL SERVICES, INC., Appellant. WD78337 FILED: September 29, 2015 APPEAL FROM THE CIRCUIT COURT OF JACKSON
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
SCHALLER, J. The plaintiffs 2 appeal from the judgment rendered in favor of the defendant, Insurance Company of Greater New York, in this declaratory judgment action concerning a dispute about the defendant
SECOND DIVISION BARNES, P. J., MILLER and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed.
Appellate Case: 12-1186 Document: 01019007431 Date Filed: 02/25/2013 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit LLOYD LAND; EILEEN LAND, Plaintiffs-Appellants.
CCCaaassseee::: 111444- - -111222000000222 DDDaaattteee FFFiiillleeeddd::: 000888///111777///222000111555 PPPaaagggeee::: 111 ooofff 777 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
In the Missouri Court of Appeals Eastern District DIVISION TWO FRANCIS GRAHAM, ) No. ED97421 ) Respondent, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable Steven H. Goldman STATE
Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CRYSTAL WILLIAMS * * v. * Case No. CCB-10-2583 * TRAVCO INSURANCE CO. * ******
Affirmed and Opinion filed January 13, 2000. In The Fourteenth Court of Appeals NO. 14-98-00234-CV UNITED STATES AUTOMOBILE ASSOCIATION, Appellant V. UNDERWRITERS AT INTEREST and STEVEN RICHARD BISHOP,
REL: 12/09/2005 STATE FARM v. BROWN Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 94-11035 (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, Plaintiffs-Appellants, versus AMERICAN STATES INSURANCE COMPANY, Defendant-Appellee. Appeal
Case 8:13-ap-00694-MGW Doc 44 Filed 05/20/15 Page 1 of 11 ORDERED. Dated: May 20, 2015 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION www.flmb.uscourts.gov In re: John William
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ONE SOUTH OCEAN DRIVE 2000, LTD., a Florida limited partnership and ONE OCEAN PLAZA 2001, LTD., a Florida limited partnership, Appellants,
IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY ATTORNEYS LIABILITY PROTECTION ) SOCIETY, INC., a Risk Retention Group, ) ) Plaintiff / Counterclaim ) Defendant, ) ) v. ) ) JAY
ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEES James O. McDonald Mark D. Hassler Terre Haute, Indiana Terre Haute, Indiana CLAUDETTE CAIN, ROGER GRIFFIN, LUCY GRIFFIN, AND AUTO-OWNERS INS., In the Indiana
FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, Appellant, IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
STATE OF MICHIGAN IN THE 17th CIRCUIT COURT FOR KENT COUNTY THE HANOVER INSURANCE COMPANY, on its own behalf and as subrogee of Grand Rapids Women's Health, P.C., and Kaaren Dewitt, vs. Plaintiffs, Case
COLORADO COURT OF APPEALS Court of Appeals No. 09CA0830 Arapahoe County District Court No. 08CV1981 Honorable Michael Spear, Judge Travelers Property Casualty Company of America, Plaintiff-Appellant, v.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1944 THE TRAVELERS INDEMNITY COMPANY OF AMERICA, v. Plaintiff Appellant, PORTAL HEALTHCARE SOLUTIONS, L.L.C., Defendant Appellee.
ILLINOIS OFFICIAL REPORTS Appellate Court Illinois Farmers Insurance Co. v. Keyser, 2011 IL App (3d) 090484 Appellate Court Caption ILLINOIS FARMERS INSURANCE COMPANY, Plaintiff-Appellant, v. CHARLES W.
ATTORNEYS FOR APPELLANT David F. McNamar McNamar & Associates, P.C. Indianapolis, Indiana ATTORNEYS FOR APPELLEE INDIANA INSURANCE COMPANY Joseph Dietz Meils Thompson Dietz & Berish Indianapolis, Indiana
ATTORNEYS FOR APPELLANT George M. Plews Jeffrey D. Claflin Jonathan P. Emenhiser Plews Shadley Racher & Braun LLP Indianapolis, Indiana ATTORNEYS FOR APPELLEE THE CINCINNATI INSURANCE COMPANY Julia Blackwell
REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1874 September Term, 2000 INFORMATION SYSTEMS AND NETWORK CORPORATION ET AL. v. FEDERAL INSURANCE CO. Salmon, Eyler, Deborah S., Bloom, Theodore
2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow
INDEMNITY INSURANCE CORP. OF DC., v. Appellant, IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS DEC 14 2004 TENTH CIRCUIT PATRICK FISHER Clerk RONALD A. PETERSON, Plaintiff-Counter-Defendant, v. HOME INSURANCE COMPANY
STATE OF MICHIGAN COURT OF APPEALS HOME-OWNERS INSURANCE COMPANY, Plaintiff-Appellee, UNPUBLISHED September 10, 2013 v No. 310157 Genesee Circuit Court ELIAS CHAMMAS and CHAMMAS, INC., d/b/a LC No. 09-092739-CK
NOTICE Decision filed 05/03/12. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2012 IL App (5th) 100579-U NO. 5-10-0579
WHOLE COURT NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/ March
STATE OF MICHIGAN COURT OF APPEALS KIRK ALFORD, Plaintiff-Appellant/Cross-Appellee, UNPUBLISHED January 19, 2006 v No. 262441 Wayne Circuit Court ALLSTATE INSURANCE COMPANY, LC No. 03-338615-CK and Defendant-Appellee/Cross-
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
REL:07/31/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: GRUBBS CONSTRUCTION COMPANY Debtor. / CASE NO.: 03-08573-8W1 Chapter 11 NATIONAL EROSION CONTROL, INC. Plaintiff, vs. Adv.
Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PHL VARIABLE INSURANCE COMPANY, Plaintiff, vs. Case No. 3:09-cv-1222-J-34JRK
IN THE SUPREME COURT OF TEXAS NO. 13-1006 IN RE ESSEX INSURANCE COMPANY, RELATOR ON PETITION FOR WRIT OF MANDAMUS PER CURIAM Rafael Zuniga sued San Diego Tortilla (SDT) for personal injuries and then added
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ROSALYN ROKER, Appellant, v. Case No. 2D13-5565 TOWER HILL PREFERRED
STATE OF MICHIGAN COURT OF APPEALS HOLLY DEREMO, DIANE DEREMO, and MARK DEREMO, UNPUBLISHED August 30, 2012 Plaintiff-Appellant/Cross- Appellees, v No. 305810 Montcalm Circuit Court TWC & ASSOCIATES, INC.,
No. 2-15-0184 Order filed November 4, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule
Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
United States Court of Appeals For the Eighth Circuit No. 13-3381 Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies lllllllllllllllllllll Plaintiff - Appellee
SUPREME COURT OF ARKANSAS No. CV-13-456 MARK ADAMS AND KATHY ADAMS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED PETITIONERS V. CAMERON MUTUAL INSURANCE COMPANY RESPONDENT Opinion Delivered
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A07-0446 American Family Mutual Insurance Company,
Case: 13-20341 Document: 00512541689 Page: 1 Date Filed: 02/24/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Summary Calendar United States Court of Appeals Fifth Circuit FILED February
2015 IL App (1st) 150941-U SIXTH DIVISION December 18, 2015 No. 1-15-0941 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. MEAD JOHNSON & COMPANY et al Doc. 324 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION NATIONAL UNION FIRE INSURANCE