History
  • No items yet
midpage
Mindis Metals, Inc. v. Transportation Ins. Co.
2000 WL 430043
| 11th Cir. | 2000
|
Check Treatment
|
Docket

*1 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.

2

Case Details

Case Name: Mindis Metals, Inc. v. Transportation Ins. Co.
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Apr 20, 2000
Citation: 2000 WL 430043
Docket Number: 99-13349
Court Abbreviation: 11th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.