Residences at Ocean Grande, Inc. v. Allianz Global

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAY 18, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-15145
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D. C. Docket No. 07-22656-CV-JAL
RESIDENCES AT OCEAN GRANDE, INC.,
Plaintiff-Appellant,
versus
ALLIANZ GLOBAL RISKS US INSURANCE COMPANY,
f.k.a. Allianz Insurance Company,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 18, 2010)
Before BIRCH and MARCUS, Circuit Judges, and HODGES, District Judge.*
PER CURIAM:
In this insurance dispute, plaintiff the Residences at Ocean Grande, Inc.
Honorable Wm. Terrell Hodges, United States District Judge for the Middle District of*
Florida, sitting by designation.

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(ROG), appeals the grant of summary judgment in favor of defendant Allianz
Global Risks US Insurance Co. (Allianz). The district court had granted final
summary judgment in favor of Allianz because ROG’s claim for reimbursement
was foreclosed both by the insurance contract’s fungi exclusion endorsement and
by its defective materials exclusion. We affirm the entry of final judgment in favor
of Allianz. We do so based on the well-reasoned and thorough order of the district
court, dated September 9, 2009, and the Report and Recommendation of the
magistrate judge, dated June 3, 2008, and adopted by the district court on July 3,
2008.
AFFIRMED.
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