Legal Opinion

Land's End at Sunset Beach Cmty. Ass'n, Inc. v. Aspen Specialty Ins. Co.

District Court, M.D. Florida

Decided October 4, 2017No. Case No. 8:17–cv–1740–T–30TGWPublishedCited by 4 opinions

1Opinion of the Court

JAMES S. MOODY, JR., UNITED STATES DISTRICT JUDGE

Land's End at Sunset Beach Community Association, Inc. successfully defended itself against an Alaskan corporation for its use of "Land's End" in advertisements. In this suit, the Community Association argues its insurer, Aspen Specialty Insurance Company, had a duty to defend it in the underlying suit. Whether that duty arose requires this Court to determine what claims the Alaskan corporation brought-a task much more complicated than it sounds-and whether those claims were excluded under the Policy. After careful consideration, the Court…

2Cases cited13 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Hawthorne v. Mac Adjustment, Inc.Court of Appeals for the Eleventh Circuit · 1998
  4. Hugo Boss Fashions, Inc. & Hugo Boss Usa, Inc., Plaintiffs-Appellees-Cross-Appellants v. Federal Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001
  5. State Farm Fire & Casualty Co. v. SteinbergCourt of Appeals for the Eleventh Circuit · 2004

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3Cited by4 opinions

  1. Starr Indem. & Liab. Co. v. Miami Chocolates, LLCDistrict Court, S.D. Florida · 2018
  2. Depositors Insurance Company v. WTA Tour, Inc.District Court, M.D. Florida · 2021
  3. Direct Technologies International, Inc. v. Maxum Indemnity CompanyDistrict Court, W.D. North Carolina · 2019
  4. Southern-Owners Insurance Company v. Galati Yacht Sales, LLCDistrict Court, M.D. Florida · 2023

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