Case: 11-13389 Date Filed: 09/20/2012 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-13389
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D.C. Docket No. 8:08-cv-02253-EAJ
ALLSTATE INSURANCE COMPANY,
an Illinois corporation,
Plaintiff - Counter
llllllllllllllllllllllllllllllllllllllllDefendant - Appellee
llllllllllllllllllllllllllllllllllllllllCross Appellant,
versus
ROBERT M. LEVESQUE,
Defendant,
DOLORES LEVESQUE,
ESTATE OF ROBERT M. LEVESQUE,
deceased,
Defendants - Appellants
lllllllllllllllllllllllllllllllllllllllllCross Appellees,
BLANCA MICHAELS,
Defendant - Counter
lllllllllllllllllllllllllllllllllllllllllClaimant - Cross
lllllllllllllllllllllllllllllllllllllllllAppellee,
Case: 11-13389 Date Filed: 09/20/2012 Page: 2 of 3
ANDREW’S FLORIST ON 4TH STREET, INC.,
a Florida corporation
a.k.a. Andrews Florist on 4th Street North, Inc.,
a.k.a. Andrews on 4th St., Inc.,
Defendant - Counter
llllllllllllllllllllllllllllllllllllllllClaimant - Appellant
llllllllllllllllllllllllllllllllllllllllCross Appellee.
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Appeals from the United States District Court
for the Middle District of Florida
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(September 20, 2012)
Before HULL, MARCUS and COX, Circuit Judges.
PER CURIAM:
In this declaratory judgment action, Andrew’s Florist and Dolores Levesque
appeal from the district court’s order and judgment granting relief in favor of Allstate
Insurance Company. In June 2004, a delivery driver for Andrew’s Florist was
involved in an automobile accident with Robert Levesque, who suffered serious
injuries as a result. At the time of the accident, Andrew’s Florist was covered by a
commercial automobile policy issued by Allstate. Mr. Levesque and his wife sued
Andrew’s Florist in a Florida state court, and the matter was ultimately resolved
through a settlement agreement and stipulated consent judgment.
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Case: 11-13389 Date Filed: 09/20/2012 Page: 3 of 3
Subsequently, Allstate filed this action seeking a declaration that the settlement
agreement is not enforceable against it and that it has no duty to indemnify Andrew’s
Florist for the consent judgment. Andrew’s Florist counterclaimed for breach of the
insurance contract. After a jury trial, the district court concluded that the settlement
agreement was not enforceable against Allstate because the jury had found that Mrs.
Levesque entered into the settlement agreement in bad faith, and accordingly, it
granted Allstate’s requested declaratory relief and denied the counterclaim by
Andrew’s Florist.
After careful review and having had the benefit of oral argument, we can
discern no reversible error, and therefore, we affirm the judgment of the district court.
AFFIRMED.
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