Stephens v. Mid-Continent Casualty Co., No. 13-10170 (11th Cir. 2014)Annotate this Case
After Charles Eugene Becker died from falling from a two-story home after the ladder he was climbing detached from the house, his estate filed a wrongful death suit. This appeal stems from plaintiff's claims against Anchorage Homes LLC, another contractor working on the home construction project. At the time, Anchorage held a commercial general liability insurance policy with Mid-Continent. The district court reasoned that the state court pleadings and the record evidence established that Becker was exempted from Anchorage's insurance policy with Mid-Continent under the policy's employee exclusion clause. The court concluded that the district court correctly concluded that Florida's law requires that the employee exclusion clause in Anchorage's insurance policy be construed as applying both to actual and statutory employees of Anchorage. Because Anchorage was the statutory employer of Becker, Team Fritz's employee, Anchorage was not entitled to indemnification under its general liability insurance policy for damages arising from Becker's death on the job. Therefore, plaintiff could not establish that Mid-Continent had a duty to indemnify Anchorage in the underlying suit in order to enforce the settlement agreement against Mid-Continent. There were no genuine issues of material fact and Mid-Continent was entitled to judgment as a matter of law. The court affirmed the judgment of the district court and affirmed the district court's fee and cost order.