U.S. FIRE INS. v. CAULKINS INDIANTOWN CITRUS CO.

Nos. 89-3791, 89-3981.

931 F.2d 744 (1991)

UNITED STATES FIRE INSURANCE COMPANY, a New York Insurance Company, Plaintiff-Appellant, v. CAULKINS INDIANTOWN CITRUS COMPANY, Caulkins Citrus Company, Ltd., Caulkins Indiantown Groves, Ltd., Caulkins Land Development, Ltd., Venture II, Caulkins Ford Motors, Inc., all d/b/a Caulkins, individually and in his official capacity as General Partner in all the Limited Partnerships and as President of the Corporation, Wayne Thomas, individually and in his corporate capacity, and Palmer Tuthill, individually and in his corporate capacity, and Hugh Cotton Insurance, Inc., a Florida corporation, Defendants-Crossclaim Plaintiffs-Appellees, "J.L." Johns, individually and in his corporate capacity and The Travelers, a Connecticut corporation, Defendants, Florida Farm Bureau and Travelers Indemnity Company, Crossclaim Defendants-Appellees, The Phoenix Insurance Company, Charter Oak Fire Insurance Company, and Travelers Indemnity Company of America, Crossclaim Defendants. UNITED STATES FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. CAULKINS INDIANTOWN CITRUS CO., et al., Defendants-Crossclaim Plaintiffs, The Travelers, a Connecticut corporation, Hugh Cotton Insurance, Inc., a Florida corporation, Florida Farm Bureau Mutual Insurance Company, a Florida corporation, and Florida Farm Bureau Casualty Insurance Company, a Florida corporation, Defendants-Crossclaim Plaintiffs-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 16, 1991.


Attorney(s) appearing for the Case

John A. Reed, Jr., Lowndes, Dorsdick, Doster, Kantor & Reed, P.A., Dennis J. Wall, Dennis J. Wall, P.A., Orlando, Fla., for plaintiff-appellant.

Donald O'Dell, Markel, McDonough & O'Neal, Orlando, Fla., for Hugh Cotton Ins., Inc.

Bernard H. Dempsey, Jr., Dempsey & Associates, P.A., Winter Park, Fla., for Caulkins, et al., Wayne Thomas, Palmer Tuthill and J.L. Johns.

Duncan B. Dowling, III, Rogers & Dowling, P.A., Orlando, Fla., for Travelers Ins. Co.

Gregor M. Gaebe, Gaebe, Murphy, Mullen & Antonelli, David Kleinberg, Coral Gables, Fla., for Florida Farm Bureau.

Before HATCHETT and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.


PECKHAM, Senior District Judge.

Appellant United States Fire Insurance Company ("U.S. Fire") brought suit in the District Court, seeking declaratory relief and indemnification from primary insurers The Travelers and Florida Farm Bureau for insurance coverage provided by U.S. Fire, and declaratory relief regarding the Caulkins Group of defendants. The District Court dismissed all claims against the Caulkins Group. The Court also decided that U.S. Fire had no right...

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