Scottsdale Ins. Co. v. Outrigger Beach Club Condo. Ass'n, Inc.

304 F. Supp. 3d 1208
District Court, M.D. Florida·Decided January 5, 2018·No. Case No: 6:17–cv–61–Orl–28TBS·Published·Cited by 1 cases

Opinion

JOHN ANTOON II, United States District Judge

Plaintiff Scottsdale Insurance Company brings this action seeking a declaratory judgment as to its obligations to defend and indemnify its insured, Defendant Outrigger Beach Club Condominium Association, Inc., (the Association) in connection with a lawsuit filed against the Association (the Underlying Litigation). In the Underlying Litigation, Bluegreen Resorts Management, Inc. (Bluegreen) sued the Association based on the Association's alleged improper termination of a management agreement, which allegedly caused Bluegreen reputational injury and other damages.

Currently before the Court is the Motion for Final Summary Judgment (Doc. 28) filed by Scottsdale, to which the Association filed a Response in Opposition (Doc. 32). Scottsdale filed a Reply (Doc. 35). Having considered the parties' submissions, the record, and the pertinent law, the Court concludes that Scottsdale's motion must be granted.

I. Uncontested Facts

The Association is a condominium/timeshare association located in Ormond Beach, Florida. (Ins. Policy, Ex. A to Doc. 1, at 4). As alleged in the second amended complaint of the Underlying Litigation, the Association and Bluegreen entered into a management agreement in September of 1981, designating Bluegreen as the Association's sole management firm in charge of, for instance, hiring staff, reviewing contracts, and maintaining financial records. (Ex. B to Doc. 1 at 3). This management agreement, as alleged by Bluegreen, was in effect until August 31, 2017. (Id. at 6). Bluegreen alleges that the Association breached the management agreement by improperly terminating the contract, causing reputational injury and damages. (Id. at 10). According to the underlying complaint, on July 10, 2015, the Association's board voted to terminate the agreement and sent a 60-day notice-of-termination letter to Bluegreen. (Id. ). Despite Bluegreen's objections enumerated on July 21, 2015, the Association included information regarding the termination of Bluegreen in its August 2015 newsletter.1 (Id. at 8). On August 21, 2015, the Association's board selected a new management company, and "on or about September 9, 2015" Bluegreen met with the incoming management company "to provide the items and information related to the operation of the Association and the Outrigger Beach Club." (Id. at 9, ¶¶ 32-33).

*1211According to the Association's Counterclaim (Doc. 11 at 6) filed in the present action, Bluegreen's claims in the Underlying Litigation "trigger Scottsdale's duty to defend the Association for the claims asserted ... pursuant to the Policy." (Id. ). Scottsdale issued the relevant commercial general liability policy (the Policy) to the Association with a policy period beginning September 10, 2015, and ending September 10, 2016. Scottsdale has provided a defense to the Association in the Underlying Litigation for one year under a reservation of rights and now seeks a declaratory judgment that the Policy does not provide coverage to the Association because the claim: 1) does not seek damages for "bodily injury" or "property damage" under the Coverage A Insuring Agreement, 2) does not arise from "personal and advertising injury" under the Coverage B Insuring Agreement, and 3) even if it does arise from "personal and advertising injury," falls squarely within the Policy's exclusion for "personal and advertising injury" arising out of a breach of contract. (Doc. 28). Scottsdale contends that it does not have a duty to defend or indemnify the Association in the Underlying Litigation. (Id. )

II. Legal Standard

Summary Judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The moving party bears the burden of establishing that no genuine issues of material fact remain. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). An issue of fact is material if it is a legal element of the claim under the applicable substantive law which could affect the outcome of the case. Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir. 1997). An issue is genuine if the complete record could lead a rational trier of fact to find for the nonmoving party. Id.

A court may grant summary judgment " 'in declaratory judgment actions seeking a declaration [as to insurance coverage] when the insurer's duty, if any, rests solely on the applicability of the insurance policy, the construction and effect of which is a matter of law.' " TIG Ins. Co. v. Smart Sch., 401 F.Supp.2d 1334, 1337 (S.D. Fla. 2005) (quoting Northland Cas. Co. v. HBE Corp., 160 F.Supp.2d 1348, 1358 (M.D. Fla. 2001) ). "In a declaratory judgment action, 'if the allegations in the complaint alleging a claim against the insured either are acts not covered by the policy or are excluded from the policy's coverage, the insurer is not obligated to defend or indemnify.' " Id. (quoting Northland, 160 F.Supp.2d at 1357-58 ).

III. Discussion2

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Scottsdale Ins. Co. v. Outrigger Beach Club Condo. Ass'n, Inc., 304 F. Supp. 3d 1208 (M.D. Fla. 2018).

304 F. Supp. 3d 1208 (Scottsdale Ins. Co. v. Outrigger Beach Club Condo. Ass'n, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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