Marinemax, Inc., et al. v. National Union Fire Insurance Company of Pittsburgh, PA

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-13492
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D.C. Docket No. 8:10-cv-01059-VMC-AEP
MARINEMAX, INC.,
a foreign corporation,
NEWCOAST FINANCIAL SERVICES, LLC,
a foreign corporation,
Plaintiffs-Appellants
Cross Appellees,
versus
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA,
a foreign corporation,
Defendant-Appellee
Cross Appellant.
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Appeals from the United States District Court
for the Middle District of Florida
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(October 6, 2015)
Case: 14-13492 Date Filed: 10/06/2015 Page: 1 of 2

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Before TJOFLAT and HULL, Circuit Judges, and HALL,* District Judge.
PER CURIAM:
After review of the record and with the benefit of oral argument by counsel
for the parties, this Court affirms the district court’s February 4, 2013 order (1)
granting defendant National Union Fire Insurance Company of Pittsburgh, PA’s
(“National Union’s”) motion for summary judgment with respect to the Regions
Bank claim against plaintiff MarineMax,1 and denying plaintiff MarineMax’s
motion for summary judgment with respect to that Regions Bank claim; and (2)
granting plaintiff MarineMax’s motion for summary judgment with respect to the
KeyBank claim against plaintiff MarineMax, and denying defendant National
Union’s motion for summary judgment with respect to that KeyBank claim.
Accordingly, we affirm the district court’s final judgment that plaintiff MarineMax
shall recover nothing with respect to the Regions Bank claim and shall recover
$39,903.27 against defendant National Union with respect to the KeyBank claim.
AFFIRMED.
*
Honorable J. Randal Hall, United States District Judge for the Southern District of
Georgia, sitting by designation.
1 Both MarineMax, Inc. (“MarineMax”) and Newcoast Financial Services, LLC
(“Newcoast”) are plaintiffs in this action. Because Newcoast is a wholly-owned subsidiary of
MarineMax and because MarineMax and Newcoast are both insureds under the insurance policy
at issue, we refer to the insured plaintiffs as MarineMax throughout.
Case: 14-13492 Date Filed: 10/06/2015 Page: 2 of 2

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