David Band v. Twin City Fire Insurance Company, No. 12-14402 (11th Cir. 2013)
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Case: 12-14402 Date Filed: 12/03/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-14402 ________________________ D.C. Docket No. 8:11-cv-02332-EAK-TBM DAVID BAND, individually, Plaintiff - Appellant, versus TWIN CITY FIRE INSURANCE COMPANY, a corporation, Defendant - Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (December 3, 2013) Before TJOFLAT, MARCUS, Circuit Judges, and VINSON,* District Judge. _______________________ *Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida, sitting by designation. Case: 12-14402 Date Filed: 12/03/2013 Page: 2 of 2 PER CURIAM: This is a suit under a professional liability insurance policy. Plaintiff Band claims that defendant Twin City Fire Insurance Co., owed him a duty to defend him in a third-party action. Twin City, responding, claimed that the allegations of the complaint in the third-party action failed to assert conduct that fell within the policy's coverage; to the contrary, such conduct fell within a policy exclusion. The District Court, in an order entered on April 5, 2012, agreed with Twin City and granted its Fed. R. Civ. P. 12(b)(6) motion to dismiss Band's complaint. Band appeals. We affirm for the reasons stated by the District Court in its April 5, 2012, order. AFFIRMED. 2
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