United States District Court, M.D. Florida, Tampa Division
ZURICH AMERICAN INSURANCE COMPANY, as successor by merger to MARYLAND CASUALTY COMPANY, Plaintiff,
EUROPEAN TILE AND FLOORS, INC., and ROBERT A. DALZELL, INC., Defendants.
VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE
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
Zurich Insures European Tile and Floors,
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) .
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) .
Zurich primary policies are subject to the following
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 ...