Great American Assurance Co. v. Elliott Ex Rel. Estate of Elliott

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[DO NOT PUBLISH]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
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No. 12-11775
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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.
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Appeal from the United States District Court
for the Middle District of Florida
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(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).
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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.
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