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Empire Fire & Marine Ins. Co. v. Floyd

United States Court of Appeals for the Eleventh Circuit

November 6, 2015, Decided

No. 15-11438 Non-Argument Calendar


 [*687]  PER CURIAM:

Empire Fire & Marine Insurance Company ("Empire") filed a complaint for declaratory judgment in the district court. This action stemmed from an underlying Florida state court tort case. Empire sought a declaration with regard to its rights and obligations pursuant to a supplemental liability insurance policy it provided to Enterprise Leasing Company. The parties filed cross-motions for summary judgment, and the district court granted Empire's motion [**2]  and denied Scott Floyd's motion based on an exclusionary provision of the insurance policy. Scott Floyd appeals the district court's judgment, and we reverse.


Scott Floyd and Steven Floyd were employees of A-Plus Storage, Inc. Scott Floyd rented a van from Enterprise Leasing Company ("Enterprise") and drove onto the premises of A-Plus Storage. As he was driving, Scott Floyd struck a ladder that Steven Floyd was standing on, causing him to fall and sustain bodily injuries. When Scott Floyd struck the ladder, he was preparing to move personal belongings into a storage space on the premises. When he was injured, Steven Floyd was performing maintenance work within the course and scope of his employment for A-Plus Storage.

When Scott Floyd rented the van for his personal use, he entered into a supplemental liability insurance policy with Enterprise. Pursuant to the terms of the policy, Scott Floyd was the insured. The policy excludes liability insurance coverage related to bodily injury of any "fellow employee of the insured arising out of and in the course of the fellow employee's employment." (R. DE 1, Exh. B, Sec. I (D)(11). The policy does not define "fellow employee."

II. [**3]  ISSUE

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631 Fed. Appx. 686 *; 2015 U.S. App. LEXIS 19381 **

EMPIRE FIRE & MARINE INSURANCE COMPANY, Plaintiff—Appellee, versus SCOTT FLOYD, Defendant—Appellant.


Prior History:  [**1] Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 2:12-cv-14081-JEM.

Disposition: REVERSED and REMANDED.


insured, coverage, district court, exclusion clause, insurance policy, fellow employee, contracts, Storage, courts

Civil Procedure, Appeals, Summary Judgment Review, Standards of Review, Standards of Review, General Overview, Contracts Law, Contract Interpretation, Insurance Law, Claim, Contract & Practice Issues, Policy Interpretation, Judicial Review, Questions of Fact & Law, Ambiguous Terms, Construction Against Insurers, Plain Language, Entire Contract, Exclusions