Essex Insurance Company v. Mercedes Zota

09-14026Court of Appeals for the Eleventh CircuitJan 18, 2011

Full text

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 18, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-14026
_______________________
D. C. Docket No. 04-60619-CV-JIC
ESSEX INSURANCE COMPANY,
Plaintiff-Appellee-
Cross-Appellant,
versus
MERCEDES ZOTA,
MIGUEL ZOTA,
Defendants-Third
Party-Plaintiffs-
Appellants- Cross-
Appellees,
LIGHTHOUSE INTRACOASTAL, INC.,
JACK FARJI, an individual,
BROWARD EXECUTIVE BUILDERS, INC.,
Defendants-Appellants-
Cross-Appellees,
R.A. BRANDON & CO., INC.,
Third Party-Defendant.

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________________________
Appeals from the United States District Court
for the Southern District of Florida
_________________________
(January 18, 2011)
Before BARKETT, MARCUS and FAY, Circuit Judges.
PER CURIAM:
Mercedes Zota, Lighthouse Intracoastal, Inc., Jack Farji, and Broward
Executive Builders, Inc. appeal from a Final Declaratory Judgment in favor of
Essex Insurance Company concluding that there is no coverage for Zota’s injury
under the liability insurance policy issued by Essex to Lighthouse and therefore,
Essex was not required to indemnify Lighthouse or defend it with regard to Zota’s
state court negligence action. Essex also cross-appeals several of the district
court’s rulings.
After having carefully considered all of the issues in this case, including
Essex’s cross-appeal, and based on the record and arguments of counsel, we find
no reversible error.
AFFIRMED.
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