The Travelers Indemnity Company of Connecticut v. Richard McKenzie & Sons, Inc., No. 18-13172 (11th Cir. 2021)
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In the underlying action, a citrus grove owner filed suit against defendant in Florida state court, alleging claims for breach of contract, breach of fiduciary duty, and an equitable accounting. Almost a year later, and two days after finding out that defendant had an insurance policy issued by Travelers, the owner moved to amend the complaint to add a claim for negligence. After the motion was granted, Travelers disclaimed coverage. In state court litigation, the owner and defendant entered into a settlement agreement.
Travelers filed this declaratory judgment action seeking a declaration that, based on the insurance policy's provision, it had not duty to defend or indemnify defendant against the owner's claims. The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of Travelers. The court concluded that, because the insurance policy excluded coverage for the damages alleged in the owner's amended state court complaint, Travelers had no duty to defend or indemnify, and the Coblentz agreement is unenforceable for that reason.
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