[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
SEP 15, 2011
No. 11-12068
JOHN LEY
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 8:09-cv-01081-EAK-TGW
CERTAIN INTERESTED UNDERWRITERS AT
LLOYD'S, LONDON SUBSCRIBING TO
CERTIFICATE OF INSURANCE NO. 9214,
llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellee,
versus
MICHAEL HALIKOYTAKIS,
d.b.a. Hali Plaza,
EDITH HALIKOYTAKIS,
d.b.a. Hali Plaza,
llllllllllllllllllllllllllllllllllllllll Defendants - Appellants,
CAMILLA BERNHARDT,
et al.,
lllllllllllllllllllllllllllllllllllllllll Defendants.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(September 15, 2011)
Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
This is a declaratory judgment action. Appellee Certain Interested
Underwriters etc. (“Underwriters”) brought the suit against appellant Michael and
Edith Halikoytakis d/b/a/ Hall Plaza (“Hall Plaza”), an Underwriters’ insured, to
obtain a declaration that the insurance policy it issued to Hall Plaza provided no
coverage for the claims asserted against Hall Plaza in a personal injury lawsuit
brought against it and Point Builders, Inc., by Camilla Bernhardt and Brian
Bernhardt in the Circuit Court of Hillsborough County, Florida. The Bernhardts’
claims stem from injuries Camilla Bernhardt received when she fell on the
sidewalk across the street from Hall Plaza’s premises. The Bernhardts’ complaint
alleged that Point Builders caused the sidewalk to be damaged by trucks and
equipment it was using in performing certain construction work for Hall Plaza on
Hall Plaza property, i.e., the removal of a retention pond, the installation of a
stormwater drainage system, and the construction of a parking area. Point
Builders was performing the work under a contract with Hall Plaza and damaged
the sidewalk (where Camilla Bernhardt fell) while storing Point Builders’ heavy
2
equipment on a vacant lot located across the street from Hall Plaza’s property and
adjacent to the sidewalk.1
This appeal is from the summary judgment the district court granted in
Underwriters’ favor. The court held the insurance policy at issue, as modified by
endorsements including the Designated Premises Endorsement, was effectively
converted into a premises liability policy, a policy that did not afford Hall Plaza
coverage for Camilla Bernhardt’s off-premises injury. We agree with the district
court’s holding. We also agree with the district court’s holding that Hall Plaza
breached the Independent Contractors Special Condition by failing to be named as
an additional insured on its contractor’s liability policy. As this condition states,
“[f]ailure to comply will invalidate this insurance.”
We find no basis for setting aside the district court’s judgment. It is
AFFIRMED.
1
After responding to the Bernhardts’ complaint, Hall Plaza filed a cross-claim against
Point Builders, seeking indemnification.
3