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GUIDEONE ELITE v. OLD CUTLER PRESBYTERIAN CHURCH

No. 04-12846.

420 F.3d 1317 (2005)

GUIDEONE ELITE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. OLD CUTLER PRESBYTERIAN CHURCH, INC., Defendant-Counter-Plaintiff-Appellant, J.A.W., Individually and as Legal Guardian/Parent of E.S.W., E.S.W., Husband of J.A.W., J.S.W., as Legal Guardian/Parent of E.S.W., Defendants-Appellants, P.W., Interested Party-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 19, 2005.

Attorney(s) appearing for the Case

Richard Alan Warren, Jean Anne Kneale, Hicks & Kneale, P.A., Miami, FL, Bradley Allan Silverman, The Law Offices of Anthony & Associates, P.A., Coral Gables, FL, for Defendants.

Roderick Flynn Coleman, Boca Raton, FL, for Plaintiff.

Before BLACK, MARCUS and FAY, Circuit Judges.

FAY, Circuit Judge:

The defendants, a church and the victims of a multi-crime episode that commenced on church property, appeal a district court's award of summary judgment in favor of the plaintiff insurer. The insurer initiated this diversity action seeking a declaratory judgment adjudicating the meaning, interpretation and application of a sexual misconduct exclusion contained in the church's general commercial liability policy. The district court found that the...

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