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Witkin Design Group, Inc. v. Travelers Property Casualty Company of America

United States District Court, S.D. Florida, Miami Division

January 9, 2017

WITKIN DESIGN GROUP, INC., Plaintiff,
v.
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and BROWN & BROWN OF FLORIDA, INC., Defendants.

          ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFEND ANTS MOTION FOR SUMMARY JUDGMENT

          FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE

         THE MATTER was referred to the Honorable John O'Sullivan, United States Magistrate Judge for a Report and Recommendation on Defendant's Motion for Summary Judgment (D.E. 25), filed on September 29. 2016 and Plaintiffs Motion for Summary Judgment (D.E. 29) filed on October 11.2016. The Magistrate Judge filed a Report and Recommendation (D.E. 50) filed on December 15, 2016. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is

         ADJUDGED that United States Magistrate Judge John O'Sullivan's Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is

         ADJUDGED that Defendant's Motion for Summary Judgment is GRANTED and Plaintiffs Motion for Summary Judgment is DENIED. The Court agrees with the Defendant that the claims asserted against Plaintiff in the underlying wrongful death action fall under the purview of the Professional Services exclusions, included in both the commercial general liabilities policy and the umbrella policy. Accordingly, the Court finds the Defendant has no duty to defend Plaintiff under either policy. It is also

         ADJUDGED that all other pending motions are DENIED as moot and the Clerk of ...


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