WEST AMERICAN INSURANCE COMPANY, A FOREIGN CORPORATION, PLAINTIFF-APPELLEE,
v.
BAND & DESENBERG, A FLORIDA PARTNERSHIP, DEFENDANT-APPELLANT, MARILYN PARKHURST, MARLENE GREEN, SHARON REILLY, SUSAN ANDERSON, DEFENDANTS

11th Cir. | 1998-04-17
No. 96-2794
Before CARNES, Circuit Judge, and CLARK and CAMPBELL , Senior Circuit Judges.
138 F.3d 1428 Court of Appeals for the Eleventh Circuit (1998) Positive Treatment
Cited by 7 cases
Opinion of the Court
CLARK, Senior Circuit Judge:

CLARK, Senior Circuit Judge: This is an appeal from the district court’s order granting the plaintiffs motion for summary judgment in an insurance declaratory judgment action. The district court’s order, published at 925 F.Supp. 758 (M.D.Fla.1996), contains a concise presentation of the facts and an excellent discussion of the law, but noted that Florida law was not settled on the interpretation of an absolute pollution exclusion. Since the district court’s opinion was issued, the Florida Supreme Court decided Deni Associates of Florida, Inc. v. State Farm Fire & Cas. Ins. Co., and ruled that two pollution exclusion clauses nearly identical to the pollution exclusion clause in this case presented no ambiguities. Based on that opinion, we hold that the pollution exclusion clause at issue here is not ambiguous, and AFFIRM the district court’s grant of summary judgment to the plaintiff. . Deni Associates of Florida, Inc. v. State Farm Fire & Cas. Ins. Co., — So. 2d-, 1998 WL 29822 (1998). . Id. at- — .

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  • Tech. Coating Applicators, Inc. v. United States Fid. & Guar. Co., 157 F.3d 843 (11th Cir. 1998)
    …sion: “It can obviously cause harm when it is not used properly. Thus, the pollution exclusion ... precludes coverage....” Id. at 1141. After the Florida Supreme Court published Deni, we issued West American Insurance Company v. Band & Desenberg, 138 F. 3d 1428 (11th Cir.1998), which adds further support to our decision in this case. In West American, we held that an absolute pollution exclusion identical to the exclusion at issue in this case abrogated the insurer’s duty to defend claims that the insured…
  • Admiral Ins. Co. v. Feit Mgmt. Co., 321 F.3d 1326 (11th Cir. 2003)
    …nce, 369 So. 2d at 942). We, too, have recognized Florida’s unequivocal rule on the enforceability of such “absolute pollution exclusions” on more than one occasion. Technical Coating, 157 F. 3d at 844; West American Ins. Co. v. Band & Desenberg, 138 F. 3d 1428 (11th Cir.1998). At issue in this case is an exception to a pollution exclusion clause, which, if it applies, resurrects coverage. Although the Deni court did not have such an exception before it, we are mindful that the rules of construction arti…
  • Auto-Owners Ins. Co. v. Hous. Author., 121 F. Supp. 2d 1365 (M.D. Fla. 1999)
    …7H So.2d at 1138. The Eleventh Circuit has at least twice upheld this premise. See Technical Coating Applicators, Inc. v. United States Fidelity and Guar. Co., 157 F.3d 843 (11th Cir.1998); West American Ins. Co. v. Band & Desenberg, 138 F.3d 1428 (11th Cir.1998) (affirming the district court’s decision at 925 F.Supp. 758 (M.D.Fla.1996)). To avoid the holding of Deny one must argue that the exclusion is ambiguous when applied to the facts. It is clear, however, that Deni prohibits…

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