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Zurich American Insurance Co. v. European Tile and Floors, Inc.

United States District Court, M.D. Florida, Tampa Division

June 5, 2017

ZURICH AMERICAN INSURANCE COMPANY, as successor by merger to MARYLAND CASUALTY COMPANY, Plaintiff,
v.
EUROPEAN TILE AND FLOORS, INC., and ROBERT A. DALZELL, INC., Defendants.

          ORDER

          VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

         This matter comes before the Court pursuant to Plaintiff Zurich American Insurance Company's Motion for Summary Judgment (Doc. # 57), which was filed on January 31, 2017. Defendant Robert A. Dalzell, Inc. filed a Response in Opposition to the Motion (Doc. # 67) on March 20, 2017, to which Zurich replied (Doc. # 70) on March 30, 2017. As explained below, the Motion is denied.

         I. Background

         A. Zurich Insures European Tile and Floors, Inc.

         Maryland Casualty Company (now Zurich) issued four policies of primary commercial general liability and umbrella liability insurance to European Tile and Floors, Inc. that were in effect from July 18, 2005, until February 17, 2009. (Doc. # 57-7 - 57-10) . Each primary policy is subject to a $1 million limit for personal and advertising injury, $1 million each occurrence, and $3 million general aggregate. (Id.). Each umbrella policy is subject to a $1 million limit per occurrence and in the aggregate. (Id.; Doc. # 36 at ¶ 27) .

         The primary policies effective July 18, 2007, to July 18, 2008, and July 18, 2008, to February 17, 2009, are subject to an exclusion for TCPA lawsuits. (Doc. # 36 at ¶ 32) .

         The Zurich primary policies are subject to the following requirements:

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
b. If a claim is made or "suit" is brought against any insured, you must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or "suit" as soon as practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";
(2) Authorize us to obtain records and other information;
(3) Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and
(4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to ...

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