Continental Casualty Co. v. Old Republic Ins. Co.

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ No. 08-10216 ________________________ D. C. Docket No. 06-22628-CV-FAM CONTINENTAL CASUALTY COMPANY, an Illinois corporation, ELEVENTH CIRCUIT FEBRUARY 20, 2009 THOMAS K. KAHN CLERK Plaintiff-Appellant, versus OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (February 20, 2009) Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and COHILL,* District Judge. PER CURIAM: ____________________ *Honorable Maurice B. Cohill, Jr., United States District Judge for the Western District of Pennsylvania, sitting by designation. Under the circumstances of this case, and in light of the fact that the escape clause appeared in an endorsement to the Old Republic policy, we cannot conclude that the district court erred. Accordingly, the judgment of the district court is AFFIRMED. 2