749 Fed.Appx. 839 (11th Cir. 2018), 17-11823, State Farm Fire & Casualty Co. v. Walker

Docket Nº:17-11823
Citation:749 Fed.Appx. 839
Opinion Judge:PER CURIAM:
Party Name:STATE FARM FIRE & CASUALTY COMPANY, Plaintiff-Counter Defendant-Appellee, v. Jan Marie WALKER, Charles Fred Walker, Cheryl Walker, Defendants-Counter Claimants-Appellants.
Attorney:Rhonda Burns Boggess, Carol M. Bishop, Taylor Day Grimm & Boyd, Jacksonville, FL, for Plaintiff-Appellee Tom Pennekamp, Jr., Pennekamp Law, PA, Miami, FL, for Defendant-Appellant
Judge Panel:Before WILSON and NEWSOM, Circuit Judges, and WRIGHT, District Judge.
Case Date:September 14, 2018
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 839

749 Fed.Appx. 839 (11th Cir. 2018)

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff-Counter Defendant-Appellee,

v.

Jan Marie WALKER, Charles Fred Walker, Cheryl Walker, Defendants-Counter Claimants-Appellants.

No. 17-11823

United States Court of Appeals, Eleventh Circuit

September 14, 2018

Editorial Note:

DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)

Rhonda Burns Boggess, Carol M. Bishop, Taylor Day Grimm & Boyd, Jacksonville, FL, for Plaintiff-Appellee

Tom Pennekamp, Jr., Pennekamp Law, PA, Miami, FL, for Defendant-Appellant

Appeal from the United States District Court for the Southern District of Florida, D.C. Docket No. 2:16-cv-14043-RLR

Before WILSON and NEWSOM, Circuit Judges, and WRIGHT,[*] District Judge.

OPINION

PER CURIAM:

Page 840

This appeal stems from State Farm’s refusal to provide uninsured motorist coverage to the appellants, Charles and Cheryl Walker, following an accident in Florida involving their son, Kevin Walker. The Walkers contend that the umbrella policy, under which they made the claim, was delivered or issued for delivery in Florida. On the other hand, State Farm contends that the policy does not extend to Florida exposures since the policy was purchased, delivered, and serviced in North Carolina. The district court agreed with State Farm and dismissed the case. The Walkers appealed, again claiming that Florida law controls the policy as it was also delivered or issued for delivery in Florida. After a careful review of the record and the parties’ briefs, and with the benefit of oral argument, we find no error and affirm.

I.

The Walkers purchased a personal liability umbrella policy in July 2001, which was subsequently delivered and continuously serviced in North Carolina— their residence at the time they purchased the policy. The umbrella policy is one of excess liability insurance, meaning that it provides additional coverage for unspecified exposures on top of coverage that is already provided from various other primary policies. The policy contained North Carolina terms and provided $1 million in personal liability coverage based on various underlying exposures including cars and real estate.

Due to the...

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