![]() The parties in the declaratory judgment action filed cross-motions for summary judgment. USCA11 Case: 21-10256 4 Date Filed: Opinion of the Court Page: 4 of 17 21-10256 Endurance raised the same three exclusions in a declaratory judgment action it filed in federal court, seeking a declaration that it had no duty to defend or indemnify Pellinen or the Mattamy entities in Ambrocio’s personal injury lawsuit. Endurance refused to defend the Mattamy entities, asserting that the policy did not provide coverage for Ambrocio’s lawsuit because three policy exclusions applied: a Workers’ Compensation exclusion, an “Employer’s Liability” exclusion, and a “Multi-Unit Construction Project” exclusion. Mattamy Florida and Mattamy Orlando tendered their defense in Ambrocio’s lawsuit to Endurance, claiming that they were additional insureds under Pellinen’s policy by virtue of a written agreement with Pellinen. It also extended coverage to “additional insureds” for liability arising from Pellinen’s work for the additional insureds or from the additional insureds’ acts or omissions in connection with their “general supervision” of Pellinen’s work, if such coverage was required by written contract, and subject to the same exclusions. The policy required Endurance to defend and indemnify Pellinen for covered bodily-injury claims, subject to certain exclusions. Pellinen was insured under a commercial general liability policy issued by Endurance American Specialty Insurance Company. Pellinen Construction, Inc., the residential construction company that had subcontracted with Ambrocio’s employer to help with framing the house Mattamy Florida, LLC, the owner of the lot where the house was being built, as well as most or all of the other lots in the subdivision and Mattamy Orlando, LLC, an affiliate of Mattamy Florida that had hired Pellinen to do framing and sheathing work on the house. Those entities included (among others) L. After paying hundreds of thousands of dollars for those continuing expenses, the workers’ compensation carrier for USCA11 Case: 21-10256 21-10256 Date Filed: Opinion of the Court Page: 3 of 17 3 Ambrocio’s employer filed a personal-injury lawsuit in his name against several entities involved in the construction of the home. Ambrocio was seriously injured and incurred significant expenses for medical treatment and life care. In December 2016, while working on the roof trusses for a new home in Kissimmee, Florida, Esdras Ambrocio fell and landed on the concrete slab some 15–20 feet below. ![]() After reviewing the record and the parties’ briefs, we conclude that the district court correctly determined that the policy covered appellees Mattamy Orlando, LLC and Mattamy Florida, LLC as additional insureds and that the policy exclusions relied upon by Endurance did not apply. PER CURIAM: Endurance American Specialty Insurance Company appeals the entry of summary judgment against it in its action seeking a declaration of rights and liabilities under a commercial liability insurance policy that it issued to L. ![]() 6:18-cv-02154-RBD-GJK _ Before JILL PRYOR, BRANCH, and GRANT, Circuit Judges. USCA11 Case: 21-10256 2 Date Filed: Page: 2 of 17 Opinion of the Court 21-10256 _ Appeal from the United States District Court for the Middle District of Florida D.C. Mattamy (Jacksonville) Partnership, Defendants-Appellees. PELLINEN CONSTRUCTION, INC., MATTAMY ORLANDO, LLC, MATTAMY FLORIDA, LLC, f.k.a. ![]() 21-10256 Non-Argument Calendar _ ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, Plaintiff-Appellant, versus L. USCA11 Case: 21-10256 Date Filed: Page: 1 of 17 In the United States Court of Appeals For the Eleventh Circuit _ No.
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