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First Specialty Ins. Corp. v. GRS Mgmt. Assocs.

United States District Court for the Southern District of Florida

August 17, 2009, Decided; August 17, 2009, Entered

CASE NO. 08-81356-CIV-MARRA

Opinion

OPINION AND ORDER

This cause is before the Court upon First Speciality Insurance Corporation's ("FSIC") Motion for Partial Summary Judgment (DE 10) and Philadelphia Indemnity Insurance Company's  [*2] ("PIIC") Amended Motion for Summary Final Judgment (DE 89). The motions are fully briefed and ripe for review. The Court held oral argument on the motions on July 24, 2009. The Court has carefully considered the motions and is otherwise fully advised in the premises.

I. Background

The facts, as culled from the exhibits provided and reasonably inferred therefrom in a light most favorable to Defendants, for the purpose of this motion, are as follows:

On or about May 20, 2008, the Nautica Isles West Homeowners Association, Inc. ("the Association") and GRS Management Associates, Inc. ("GRS") were named as defendants in an action styled Jeannine Le and Thailor Le, et al. v. Nautica Isles West Homeowners Association, Inc. et al., Case No. 2008 CA 014580XXXMB brought before the Circuit Court for the 15th Judicial Circuit in and for Palm Beach County, Florida. (State court complaint, Ex. A to DE 96.) The Association is a homeowners association for the residential community known as Nautica Isles West located in Greenacres, Florida. (State court compl. P 4.) GRS is the property management company which at all relevant times managed the Association's property, including its swimming pool. (State  [*3] court compl. P P 15-17.) With respect to the Association and GRS, the Le complaint alleges, among other things, the following:

Defendant knew or should have known that said swimming pool was improperly maintained and posed a substantial health risk to the health, safety and welfare of those individuals swimming in the defendant's swimming pool. (State court compl. P P 8, 20.)

On or about June 1, 2004 . . . Thailor Le was swimming in the Defendant's swimming pool when Thailor Le was exposed to the dangerous, hazardous, and unsafe sanitary conditions of the Defendant's swimming pool. (State court compl. P P 10, 22.)

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2009 U.S. Dist. LEXIS 72708 *; 39 ELR 20195; 2009 WL 2524613

FIRST SPECIALTY INSURANCE CORPORATION, Plaintiff, vs. GRS MANAGEMENT ASSOCIATES, INC., NAUTICA ISLES WEST HOMEOWNERS ASSOCIATION, INC., and JEANNINE LE and THYNG LE, individually and as parents natural and legal guardians of THAILOR LE, a minor, Defendants. PHILADELPHIA INDEMNITY INSURANCE COMPANY, a Pennsylvania corporation, Plaintiff, vs. NAUTICA ISLES WEST CONDOMINIUM ASSOCIATION, INC., GRS MANAGEMENT ASSOCIATES, INC. and JEANNINE LE and THYNG LE, individually and as parents natural and legal guardians of THAILOR LE, a minor, Defendants.

Prior History: First Specialty Ins. Corp. v. GRS Mgmt. Assocs., 2009 U.S. Dist. LEXIS 68617 (S.D. Fla., July 20, 2009)

CORE TERMS

pollutant, contaminant, swimming pool, coverage, summary judgment, bodily injury, state court, non-moving, material fact, discovery, injuries, genuine, insured, pollution exclusion, property damage, demand letter, settlement, irritant, microbes, acids, compl, viral

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Burdens of Proof, Movant Persuasion & Proof, Genuine Disputes, Nonmovant Persuasion & Proof, Need for Trial, Evidentiary Considerations, Scintilla Rule, Evidence, Admissibility, Statements as Evidence, Compromise & Settlement Negotiations, Insurance Law, Policy Interpretation, Ambiguous Terms, Unambiguous Terms, Judgments, Evidentiary Considerations