Taurus Holdings, Inc. v. U.S. Fidelity and Guar., No. 03-14720.
| Court | U.S. Court of Appeals — Eleventh Circuit |
| Writing for the Court | Fay |
| Citation | 431 F.3d 765 |
| Parties | TAURUS HOLDINGS, INC., Taurus International Manufacturing, Inc., Plaintiffs-Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Pacific Insurance Company, Limited, Federal Insurance Company, Great Northern Insurance Company, United National Insurance Company, Fireman's Fund Ins., Defendants-Appellees. |
| Docket Number | No. 03-14720. |
| Decision Date | 29 November 2005 |
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY, Pacific Insurance Company, Limited, Federal Insurance Company, Great Northern Insurance Company, United National Insurance Company, Fireman's Fund Ins., Defendants-Appellees.
John W. Harbin, Powell, Goldstein, Frazer & Murphy, Atlanta, GA, Christopher
Page 766
Edson Knight, Fowler, White, Burnett, Hurley, Banick & Stickroot, P.A., Miami, FL, for Plaintiffs-Appellants.
Zorian Ihor Sperkacz, Ponzoli, Wassenberg, Sperkacz & Keller, P.A., Miami, FL, Charles Mills-Pittman George, Mitchell L. Lundeen, George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Coral Gables, FL, Jonathan A. Constine, Hogan & Hartson, L.L.P., Washington, DC, Richard Hoydl, Jr., Alyssa M. Campbell, Williams, Montgomery & John, Ltd., Chicago, IL, Michael S. Levine, Walter J. Andrews, Hunton & Williams, Amy K. Savage, ShawPittman, LLP, Mc Lean, VA, Thomas J. Morgan, Coconut Grove, FL, for Defendants-Appellees.
Appeal from the United States District Court for the Southern District of Florida (No. 01-02236-CV-AJ); Adalberto Jordan, Judge.
Before ANDERSON, CARNES and FAY, Circuit Judges.
FAY, Circuit Judge:
Taurus is in the business of manufacturing, selling and distributing firearms. A group of municipalities have sued Taurus and other handgun manufacturers seeking compensation for expenses allegedly resulting from gun violence within their communities. Taurus, in turn, filed this declaratory action against a group of insurance companies seeking contributions from them to cover the cost of defending the suits. The district court found that the "products-completed operations hazard" provision excluded coverage.
Because we were faced with an important question of Florida law where no binding precedent was present, we decided to seek the guidance of the Florida Supreme Court before reaching our decision. On April 29, 2004, we issued an opinion in this case in which we asked the Florida Supreme Court to answer a certified question regarding the interpretation of Florida Law concerning whether commercial liability policies exclude coverage for lawsuits that several municipalities have filed against a gun manufacturer. The facts in this case are set forth in our original opinion in Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 367 F.3d...
To continue reading
Request your trial
-
U.S.A v. Hicklin, No. 10-11280
...evidence, a district court is especially justified in including the checks' full face value in its intended loss calculation. Grant, 431 F.3d at 765. Here, the district court's loss amount finding was not clearly erroneous. It was not unreasonable for the district court to conclude that the......
-
United States v. Sanders, No. 18-10884
...account, and that he intended to take that much money. Rodriguez-Lopez, 363 F.3d at 1137; Nosrati-Shamloo, 255 F.3d at 1291; Grant, 431 F.3d at 765; Willis, 560 F.3d at 1250-51. As we've said, the district court, with its unique position to evaluate the evidence at trial and sentencing, is ......
-
United States v. Anderson, No. 07-13175 (11th Cir. 7/14/2008), No. 07-13175.
...627, 634 (11th Cir. 2007) (stating an error is harmless if it does not substantially affect the defendant's sentence); see also Grant, 431 F.3d at 765 (holding "when an individual possesses a stolen check. . . for the purpose of counterfeiting, the district court does not clearly err when i......
-
Travelers Prop. Cas. Co. of Am. v. Anda, Inc., No. 15-11510
...excluded coverage for the claims raised against Taurus in the underlying municipal suits. Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 431 F.3d 765, 766 (11th Cir. 2005). The "arising out of" language in the Anda policy exclusions has the same meaning as that in the Taurus policies. As i......
-
U.S.A v. Hicklin, No. 10-11280
...evidence, a district court is especially justified in including the checks' full face value in its intended loss calculation. Grant, 431 F.3d at 765. Here, the district court's loss amount finding was not clearly erroneous. It was not unreasonable for the district court to conclude that the......
-
United States v. Sanders, No. 18-10884
...account, and that he intended to take that much money. Rodriguez-Lopez, 363 F.3d at 1137; Nosrati-Shamloo, 255 F.3d at 1291; Grant, 431 F.3d at 765; Willis, 560 F.3d at 1250-51. As we've said, the district court, with its unique position to evaluate the evidence at trial and sentencing, is ......
-
United States v. Anderson, No. 07-13175 (11th Cir. 7/14/2008), No. 07-13175.
...627, 634 (11th Cir. 2007) (stating an error is harmless if it does not substantially affect the defendant's sentence); see also Grant, 431 F.3d at 765 (holding "when an individual possesses a stolen check. . . for the purpose of counterfeiting, the district court does not clearly err when i......
-
Travelers Prop. Cas. Co. of Am. v. Anda, Inc., No. 15-11510
...excluded coverage for the claims raised against Taurus in the underlying municipal suits. Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 431 F.3d 765, 766 (11th Cir. 2005). The "arising out of" language in the Anda policy exclusions has the same meaning as that in the Taurus policies. As i......