Flintlock Construction Serv., et al v. American Safety Risk Retention, et al, No. 11-13275 (11th Cir. 2013)Annotate this Case
Well-Come sought a judgment declaring that it was an additional insured on a commercial general liability policy and an excess/umbrella liability policy allegedly issued to Flintlock, its contractor, on the apartment building project, by ASRRG and ASIS. Several third parties have brought tort actions against Well-Come and Flintlock in New York state court to recover damages they sustained as a result of the construction of Well-Come's apartment building. The court dismissed Well-Come's claims against Flintlock as well as Flintlock's counterclaims against Well-Come. With this dismissal, the court was satisfied that it had subject matter jurisdiction over Well-Come's appeal. To the extent that Well-Come claimed that it was in fact an additional insured under a Flintlock policy issued by ASRRG, Well-Come has failed to support this claim as alleged in the complaint. The district court should have disposed of Well-Come's claim with a statement that Well-Come failed to establish that ASRRG and ASIS issued a commercial general liability policy and excess/umbrella liability policy to Flintlock, as alleged in paragraphs 6 and 7 of its complaint. Accordingly, the court affirmed the district court's judgment on that ground.