Great America Assurance Company v. Sharon K. Elliott, et al., No. 12-11775 (11th Cir. 2013)
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Case: 12-11775 Date Filed: 03/01/2013 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________ No. 12-11775 _____________ D. C. Docket No. 3:09-cv-00077-TJC-TEM GREAT AMERICAN ASSURANCE COMPANY, Plaintiff-Appellee, versus SHARON K. ELLIOTT, as Personal Representative of the Estate of Douglas R. Elliott, deceased, MARY ANN HOOPER, Defendants-Appellants, WILLIAM ROBERT ELLIOTT, Defendant. ______________ Appeal from the United States District Court for the Middle District of Florida ______________ (March 1, 2013) Before DUBINA, Chief Judge, MARTIN and FAY, Circuit Judges. Case: 12-11775 Date Filed: 03/01/2013 Page: 2 of 3 PER CURIAM: This appeal involves the determination of whether a farm and ranch insurance policy affords coverage for alleged injuries and damages resulting from the insured s murder of appellants mother, mutilation and burning of her corpse, and disposition of her remains. Appellee Great American Assurance Company ( Great American ) brought a declaratory judgment action seeking a declaration from the district court that it had no duty to defend or indemnify William Robert Elliott ( Elliott ) for an underlying lawsuit brought against him by his siblings in Florida State Court. The jury returned a verdict against Elliott and awarded damages in excess of $1 million. On appeal, Florida s District Court of Appeals ruled Elliott was entitled to a directed verdict on the negligent infliction of emotional distress claim and vacated the damages awarded as to that count. The property damage award was $100,000 for both siblings combined. The siblings each currently hold a final judgment against Elliott in the amount of $284,191.00. We review de novo the district court s interpretation of an insurance policy because it is a matter of law. Admiral Ins. Co. v. Feit Mgmt. Co., 321 F.3d 1326, 1328 (11th Cir 2003). We also review de novo the district court s order granting summary judgment. Penley v. Eslinger, 605 F.3d 843, 848 (11th Cir. 2010). 2 Case: 12-11775 Date Filed: 03/01/2013 Page: 3 of 3 After reviewing the record, and reading the parties briefs, we affirm the district court s grant of summary judgment in favor of Great American based upon its well-reasoned order filed on March 6, 2012. AFFIRMED. 3
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