[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 11-11440 ELEVENTH CIRCUIT
Non-Argument Calendar FEB 22, 2012
________________________ JOHN LEY
CLERK
D.C. Docket No. 9:10-cv-80203-KLR
MARYLAND CASUALTY COMPANY,
Plaintiff - Appellee,
versus
FLORIDA ATLANTIC ORTHOPEDICS, P.L.,
f.k.a. Florida Atlantic Orthopedics, LLC,
Defendant,
MELISSA MAHBEAR,
individually and as personal representative of the
Estate of Jacquline Dixon,
ANA-SHARI MAHBEAR,
ADRIAN MAHBEAR,
JM,
AM,
minors,
Defendants - Appellants.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(February 22, 2012)
Before HULL, PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Melissa Mahbear, individually and as personal representative of the Estate
of Jacqueline Dixon; Ana-Shari Mahbear; Adrian Mahbear; J.M., a minor; and
A.M., a minor, appeal the summary judgment entered in favor of Maryland
Casualty Co. that it had no duty to defend or indemnify its insured, Florida
Atlantic Orthopedics, P.L., against a complaint of premises liability arising out of
the death of Dixon. The district court ruled that the health services and
professional services policy issued by Maryland Casualty to Florida Atlantic
excluded coverage for injuries arising out of the provision of professional medical
services and Dixon’s injuries arose out of medical services provided by physicians
of Florida Atlantic. We affirm.
The Mahbears argue that Florida Atlantic breached its duty to its patient,
Dixon, to ensure that its ambulatory surgical center was free from dangerous
conditions and that their complaint about this breach of duty was covered under
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the policy issued by Maryland Casualty. The Mahbears complained in a state
lawsuit that Florida Atlantic failed to provide a safe method to transport patients to
another facility in the event of an emergency. The Mahbears alleged that Dixon
died as a result of complications from an elective surgery when emergency
personnel were unable to transport Dixon effectively to an emergency facility
because of an elevator at Florida Atlantic that was too small. The Mahbears
contend that their complaint of premises liability is different from a claim of
wrongful death arising out of medical malpractice and is, therefore, not excluded
from coverage under the policy issued by Maryland Casualty.
We agree with the district court that the exclusions in the policy relieved
Maryland Casualty of a duty to defend or indemnify Florida Atlantic against the
Mahbears’ complaint of premises liability. The policy unambiguously excluded
coverage for injuries arising out of the medical services provided by Florida
Atlantic. Transporting Dixon safely to an emergency facility because of a botched
surgery was an integral part of providing her medical services. We affirm the
summary judgment in favor of Maryland Casualty.
AFFIRMED.
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