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INSURANCE CO. OF THE WEST v. ISLAND DREAM HOMES

No. 11-10571.

679 F.3d 1295 (2012)

INSURANCE COMPANY OF THE WEST, a California corporation, Plaintiff-Appellant, v. ISLAND DREAM HOMES, INC., a Florida corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 8, 2012.

Attorney(s) appearing for the Case

Michael R. Morris, Morris & Morris, PA, West Palm Beach, FL, for Plaintiff-Appellant.

Sharon C. Degnan, Kubicki Draper, Fort Lauderdale, FL, David S. Oliver, Yvette M. Pace, Kubicki Draper, Orlando, FL, Harold Adam Saul, Kubicki Draper, PA, Tampa, FL, for Defendant-Appellee.

Before TJOFLAT, MARCUS, and SILER, Circuit Judges.

SILER, Circuit Judge.

Insurance Company of the West ("ICW") appeals the district court's judgment as a matter of law in favor of Island Dream Homes ("IDH"). Hawaiian Inn Beach Resort ("Hawaiian"), a Florida condominium, contracted with IDH for roof repair. While IDH was conducting the repairs, a large stone veneer wall fell, causing damage to the condominium. Hawaiian's insurer, ICW, sued IDH for negligence. IDH alleges the wall fell because it was structurally unsound...

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