Waste Corp. of America v. Genesis Ins., No. 05-14908 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT DEC 6, 2006 THOMAS K. KAHN CLERK No. 05-14908 Non-Argument Calendar ________________________ D.C. Docket No. 03-61480-CV-TK WASTE CORPORATION OF AMERICA, INC., a foreign corporation, Plaintiff-Appellant, versus GENESIS INSURANCE COMPANY, a foreign corporation, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (December 6, 2006) Before CARNES, PRYOR and COX, Circuit Judges. PER CURIAM: Waste Corporation of America, Inc. ( WCA ) appeals the summary judgment granted Genesis Insurance Company ( Genesis ) on WCA s claim for breach of the directors and officers liability insurance policy issued by Genesis to WCA. We affirm. We find no reversible error in the district court s holding that the policy does not provide coverage for any monies WCA paid as a result of WCA s breach of contract. Because the entire $2 million settlement paid by WCA represents such a payment, WCA may not recoup any of that payment from Genesis. AFFIRMED. 2

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