Great American Ins. Co. v. National Union Fire Ins, No. 08-14516 (11th Cir. 2009)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 08-14516 ________________________ ELEVENTH CIRCUIT JULY 20, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 05-21427-CV-JLK GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation, PlaintiffCounter-DefendantAppellant Cross-Appellee, versus NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a Pennsylvania corporation, and, DefendantCounter-ClaimantAppellee Cross-Appellant, LEXINGTON INSURANCE COMPANY, a Delaware corporation as the insurers of their additional insured, General Asphalt Company, Inc., a Florida corporation, Defendant-Appellee. ________________________ Appeals from the United States District Court for the Southern District of Florida _________________________ (July 20, 2009) Before EDMONDSON, BLACK and SILER,* Circuit Judges. PER CURIAM: We affirm the judgment of the district court. Briefly stated, General Asphalt was not covered as an additional insured under the policies issued to Bob s by National or Lexington because the underlying injuries for which General Asphalt was potentially liable did not arise out of Bob s work. Therefore, Great American Insurance Company was not due reimbursement from National.1 AFFIRMED. * Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation. 1 Moreover, Defendant Lexington did not have a duty to defend General Asphalt because the complaint did not allege injuries that would bring it into coverage under Lexington s policy. In addition, because we affirm the district court s grant of summary judgment, we need not address Defendant National s cross-appeal. 2
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