Travelers Indemnity Company of Connecticut v. Attorney's Title Insurance Fund, Inc.

Opinion

Case: 16-15386 Date Filed: 08/01/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 16-15386

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D.C. Docket No. 2:13-cv-00670-SPC-CM

TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, ST. PAUL FIRE & MARINE INSURANCE COMPANY,

Plaintiffs-Appellees,

RSUI INDEMNITY COMPANY, Intervenor Plaintiff,

versus

ATTORNEY’S TITLE INSURANCE FUND, INC., SECTION 10 JOINT VENTURE, LLP, SKY PROPERTY VENTURE, LLC, CAS GROUP, INC.,

Defendants-Appellants,

FLORIDA TITLE, CO., et al., Defendants,

STEPHAN, COLE & ASSOCIATES, LLC., et al.,

Case: 16-15386 Date Filed: 08/01/2018 Page: 2 of 2

Respondents.

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Appeals from the United States District Court for the Middle District of Florida

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(August 1, 2018)

Before ED CARNES, Chief Judge, BRANCH, Circuit Judge, and GAYLES,* District Judge.

PER CURIAM:

For the reasons we explained at oral argument, the judgment of the district court is due to be affirmed under our recent Zucker decision, which establishes that the financial services exclusion provisions apply to exclude coverage. See Zucker for BankUnited Fin. Corp. v. U.S. Specialty Ins. Co., 856 F.3d 1343, 1350–51 (11th Cir. 2017). Although we appreciate counsel’s efforts to distinguish Zucker, we are not persuaded. Given our decision that coverage does not apply, we need not address the other issues.

To the extent that the argument of Attorney’s Title Insurance Fund and Florida Title Company that they should not have been in the lawsuit has any remaining relevance for costs or other reasons, we reject that argument.

AFFIRMED.

*

Honorable Darrin P. Gayles, United States District Judge for the Southern District of Florida, sitting by designation.