[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
________________________
MARCH 20, 2012
JOHN LEY
No. 11-14114 CLERK
Non-Argument Calendar
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D.C. Docket No. 2:09-cv-02148-SLB
QUINTON SWANSON,
Plaintiff-Appellant,
versus
ALLSTATE INDEMNITY COMPANY,
Defendant-Appellee.
__________________________
Appeal from the United States District Court for the
Northern District of Alabama
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(March 20, 2012)
Before MARCUS, MARTIN, and HILL, Circuit Judges:
PER CURIAM:
Quinton Swanson filed this action against Allstate Indemnity Company
(“Allstate”), alleging a breach of an insurance contract, bad faith, and
misrepresentation in connection with Allstate’s denial of coverage under its
contract of insurance with Swanson. Allstate filed a motion for summary
judgment, arguing that Swanson materially breached the contract by failing to
notify it that the insured property had been vacant for over a year prior to its loss
by fire. Allstate also argued that there was no coverage under the contract due to
the contract’s exclusion for vandalism or malicious mischief to a vacant house.
The district court granted summary judgment to Allstate in a thorough
opinion with which we find no error. Therefore, on the basis of the opinion of
Chief United States District Judge Susan Blackburn, issued on the 3rd of August,
2011, we shall affirm.
AFFIRMED.
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