Continental Casualty Co. v. Old Republic Ins. Co.

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEBRUARY 20, 2009
No. 08-10216
THOMAS K. KAHN
________________________ CLERK

D. C. Docket No. 06-22628-CV-FAM

CONTINENTAL CASUALTY COMPANY,
an Illinois corporation,

Plaintiff-Appellant,

versus

OLD REPUBLIC INSURANCE COMPANY,
a Pennsylvania corporation,

Defendant-Appellee.
________________________

Appeal from the United States District Court
for the Southern District of Florida
_________________________

(February 20, 2009)

Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and COHILL,*
District Judge.

PER CURIAM:

____________________
*Honorable Maurice B. Cohill, Jr., United States District Judge for the Western District of
Pennsylvania, sitting by designation.
 Under the circumstances of this case, and in light of the fact that the escape

clause appeared in an endorsement to the Old Republic policy, we cannot conclude

that the district court erred.

Accordingly, the judgment of the district court is

AFFIRMED.

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