11th Circuit Affirms Ruling for Travelers on Duty to Defend

MIAMI - A federal appeals court has affirmed a lower court holding that a "tangible property" exclusion in a non-profit management policy barred coverage for a condominium association sued by a unit owner over maintenance issues. Eastpointe Condominium I Association Inc. v. Travelers Casualty and Surety Company of America, No. 09-15866 (11th Cir.).

The 11th Circuit said in its unpublished opinion on May 20 that the exclusionary language in the policy written by Travelers Casualty & Surety Company of America was unambiguous and applied even to the breach of fiduciary duty claim asserted against the association.

Eastpointe Condominium I Association …