Mindis Metals, Inc. v. Transportation Ins. Co.

209 F.3d 1296

11th Cir.

2000

Check Treatment

Docket

MINDIS METALS, INC., Plaintiff-Appellant, versus TRANSPORTATION INSURANCE COMPANY, TRANSCONTINENTAL INSURANCE COMPANY, Defendants-Appellees.

No. 99-13349

United States Court of Appeals, Eleventh Circuit

April 20, 2000

PUBLISH. Non-Argument Calendar. D. C. Docket No. 98-01991-CV-CC-1. Appeal from the United States District Court for the Northern District of Georgia. Before COX and WILSON, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

Plaintiff Mindis Metals, Inc. appeals the district court‘s grant of summary judgment to defendant Transportation Insurance Company on plaintiff‘s claim for indemnification for its settlement with Eureka Foundry Company. There is no consensus in other jurisdictions as to whether intentional conduct premised on erroneous information is an “accident” under a general liability insurance policy. Compare, e.g., Red Ball Leasing v. Hartford Accident & Indem. Co., 915 F.2d 306, 309-12 (7th Cir. 1990), with Lumber Ins. Cos., Inc. v. Allen, 820 F.Supp. 33, 34-36 (D.N.H. 1993). In Georgia, however, such conduct is not an “accident,” as explained by Judge Duross Fitzpatrick in Macon Iron & Paper Stock Co., Inc. v. Transcontinental Ins. Co., No. 5:97-CV-168-4 (M.D. Ga. March 9, 1999), a copy of which is attached. There was no error in determining that plaintiff‘s conversion of Eureka‘s scrap metal was not an “accident” potentially qualifying plaintiff for indemnification under the terms of the insurance policy.

AFFIRMED.