Stephens Ex Rel. Estate of Becker v. Mid-Continent Casualty Co.

749 F.3d 1318, 2014 WL 1623737, 2014 U.S. App. LEXIS 7697
Court of Appeals for the Eleventh Circuit·Decided April 24, 2014·No. 13-10170, 13-15741·Published·Cited by 106 cases

Opinions

FRIEDMAN, District Judge:

In this appeal, we are asked to review the district court’s interpretation of an exclusion in an insurance policy issued by the appellee, Mid-Continent Casualty Company, to a construction contractor, Anchorage Homes LLC, and the district court’s conclusion that Mid-Continent Casualty Company was entitled to summary judgment based on that exclusion. We affirm the grant of summary judgment, though on different grounds than those articulated by the district court. We also affirm the district court’s order awarding fees and costs to Mid-Continent Casualty Company.

I. BACKGROUND

On June 7, 2008, Charles Eugene Becker was working on a construction job in Little Torch Key, Florida, helping to install a modular home on the property of Jeffrey and Connie Kirkland. Near the end of the day, Becker began climbing down a ladder attached to the side of the two-story home when the ladder detached from the house. Both Becker and the ladder fell to the ground. Critically injured, Becker died on the way to the hospital.

The representative of Becker’s estate, Jennifer Stephens, subsequently brought a wrongful death suit in Florida state court against the following parties: Becker’s direct employer, Team Fritz; the Kirklands; and Anchorage Homes LLC (“Anchorage”), another contractor working on the modular home construction project. The present appeal stems from Stephens’ claims against Anchorage.

At the time of the accident, Anchorage held a commercial general liability insurance policy with Mid-Continent Casualty Company (“Mid-Continent”). Under this policy, Mid-Continent agreed to “pay those sums that [Anchorage] becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which this insurance applies.” The policy also provided that Mid-Continent had “the right and duty to defend the insured against any ‘suit’ seeking those damages.” In addition, the policy contained several exclusions from coverage, including an exclusion of damages relating to injuries to any of Anchorage’s employees.

Upon learning that Stephens had initiated a suit in state court and had named Anchorage as one of the defendants, Anchorage filed a claim with Mid-Continent, seeking legal defense and indemnification. On April 20, 2009, Mid-Continent notified Anchorage that its insurance policy excluded coverage for damages arising from Becker’s death, and that Mid-Continent therefore would not defend or indemnify Anchorage. Mid-Continent explained that its investigation had revealed that Anchorage, as construction contractor for the Kirkland project,, had employed Team Fritz as a subcontractor. According to Mid-Continent, Team Fritz’s employees therefore were the “statutory employees” of Anchorage under Florida law. Any liability for injury to Becker therefore was excluded from coverage under the policy’s employee exclusion clause.

After receiving this letter, Anchorage proceeded in the state court proceedings with its own counsel. On August 27, 2010, Stephens and Anchorage signed a mediated settlement agreement and executed a so-called Coblentz agreement, which re[1321]*1321solved Stephens’ claims against Anchorage. Under this agreement, Anchorage stipulated to the entry of a judgment in favor of Stephens in the amount of $4,350,000, and Anchorage assigned to Stephens its rights with respect to its claims against Mid-Continent. In turn, Stephens agreed not to collect the amount of the judgment from Anchorage.

On December 8, 2010, Stephens, as as-signee of Anchorage, brought suit against Mid-Continent in the U.S. District Court for the Southern District of Florida, asserting that Mid-Continent had wrongfully refused to defend and indemnify Anchorage in the state court proceedings, and seeking as relief the judgment amount of $4,350,000. After various pre-trial matters, including discovery and proceedings on a motion to dismiss, the parties filed cross-motions for summary judgment. The district court granted Mid-Continent’s motion and denied Stephens’ motion, concluding that the Coblentz agreement could not be enforced against Mid-Continent as a matter of law. Stephens v. Mid-Continent Cas. Co., 915 F.Supp.2d 1320 (S.D.Fla.2013). The district court reasoned that the state court pleadings and the record evidence established that Becker was exempted from Anchorage’s insurance policy with Mid-Continent under the policy’s employee exclusion clause. Id. at 1331-34. Stephens brings this appeal.

II. STANDARD OF REVIEW

We review a district court’s grant of summary judgment de novo, viewing all the evidence, and drawing all reasonable factual inferences, in favor of the nonmoving party. See, e.g., Kragor v. Takeda Pharm. Am., Inc., 702 F.3d 1304, 1307 (11th Cir.2012). The interpretation of provisions in an insurance contract is a question of law, also reviewed de novo. James River Ins. Co. v. Ground Down Eng’g, Inc., 540 F.3d 1270, 1274 (11th Cir.2008). The decision of a district court to award attorney’s fees is reviewed for abuse of discretion. Menchise v. Akerman Senterfitt, 532 F.3d 1146, 1149 (11th Cir.2008).

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). “Once the movant adequately supports its motion, the burden shifts to the nonmoving party to show that specific facts exist that raise a genuine issue for trial.” Dietz v. Smithkline Beecham Corp., 598 F.3d 812, 815 (11th Cir.2010). If the non-movant’s evidence is “merely colorable” or “not significantly probative,” summary judgment may be granted. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986); see Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 1776, 167 L.Ed.2d 686 (2007) (“[W]here the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is ‘no genuine issue for trial.’ ”) (internal quotation omitted). The Court may uphold the district court’s judgment “on any ground that finds support in the record.” Strickland v. Norfolk S. Ry. Co., 692 F.3d 1151, 1154 (11th Cir.2012) (quoting Lucas v. W.W. Grainger, Inc., 257 F.3d 1249, 1256 (11th Cir.2001)).

III. DISCUSSION

As noted, Stephens brings this suit against Mid-Continent pursuant to a Cob-lentz agreement with Anchorage. See Coblentz v. Am. Sur. Co. of New York, 416 F.2d 1059 (5th Cir.1969). In Coblentz,

Free access — add to your briefcase to read the full text and ask questions with AI

Stephens Ex Rel. Estate of Becker v. Mid-Continent Casualty Co., 749 F.3d 1318, 2014 WL 1623737, 2014 U.S. App. LEXIS 7697 (11th Cir. 2014).

749 F.3d 1318 (Stephens Ex Rel. Estate of Becker v. Mid-Continent Casualty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related