Case: 11-15311 Date Filed: 07/20/2012 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-15311
Non-Argument Calendar
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D.C. Docket No. 0:10-cv-61007-WPD
EVANSTON INSURANCE COMPANY,
Plaintiff-Appellant,
versus
CAROL WHYTE,
SHELLYANN WATSON,
as legal guardian of Dale Whyte,
TINA McGEE,
as mother and natural guardianof C.W.,
T.W., and C.M.; Minor Children,
ANDREW BYERS,
EDWARD KOSTISHION, et al.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Florida
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(July 20, 2012)
Before HULL, MARTIN, and HILL, Circuit Judges.
Case: 11-15311 Date Filed: 07/20/2012 Page: 2 of 3
PER CURIAM:
This is an appeal from the grant of defendants/appellees’s, Carol Whyte, et
al., (Whyte Lawsuit Plaintiffs), motion for summary judgment, and the denial of
plaintiff/appellant Evanston Insurance Company’s (Evanston) motion for summary
judgment. Evanston was seeking a declaratory judgment that the limit of liability
under its insurance policy with the Whyte Lawsuit Plaintiffs should be reduced by
claim expenses, such as litigation costs.1
The district court found that the plain terms of the policy itself declare that
claim expenses are not to be deducted from the limits of liability. The district
court relied upon Endorsement 5 of the policy which provides: “Claim Expenses
incurred in defending and investigating a Claim shall be in addition to the
applicable Limits of Liability stated in Item 6.I of the Declarations.”
Item 6.I describes that each claim limit shall be $500,000, and that the
aggregate limit of liability under the policy shall be $1,500,000. The district court
determined that $330,000 in litigation costs, under the plain meaning of
Endorsement 5 and Item 6.I, does not erode the funds available to pay for damages
to the Whyte Lawsuit Plaintiffs. We agree.
1
Evanston argues that the aggregate total insurance award of $1,500,000, or $500,000 per
claim, is eroded by litigation costs of $330,000.
2
Case: 11-15311 Date Filed: 07/20/2012 Page: 3 of 3
We have reviewed the record in this appeal, the briefs and the arguments of
counsel. Finding no error, we affirm the judgment of the district court.
AFFIRMED.
3