# Amerisure Mutual Insurance Company v. Amelia Island Company

> Court of Appeals for the Eleventh Circuit · March 15, 2012 · 673 F.3d 1294

URL: https://www.frixlaw.com/law-library/cases/9485528

## Case

- **Full name:** AMERISURE MUTUAL INSURANCE COMPANY, a Foreign Corporation, Amerisure Insurance Company, a Foreign Corporation, Plaintiffs-Appellees, v. AUCHTER COMPANY, a Florida Corporation, Defendant, Amelia Island Company, a Florida Corporation, Defendant-Appellant
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** March 15, 2012
- **Citations:** 673 F.3d 1294; 2012 U.S. App. LEXIS 5412; 2012 WL 858411
- **Precedential status:** Published
- **Opinion:** Concurrence by Hill
- **Judges:** Tjoflat, Carnes, Hill
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9485528

## How later opinions describe it (automated extraction)

- explaining that the “your work” exclusion, absent a subcontractor’s exception, would eliminate a contractor’s coverage for damage to a completed project where a subcontractor’s faulty workmanship on one part of the project caused damage to another part of the project
- reasoning that “a claim for ‘property damage’ requires physical injury to some tangible property other than the contractor’s own defective work”

## Opinion text

HILL,
concurring dubitante:
I believe that the significant disagreement between Judges Tjoflat and Carnes regarding which case — West Orange Lumber Co. or Pozzi Window Co. —more accurately predicts what the Florida Supreme Court would hold on the facts of the instant case militates in favor of the certification of this case to that court. Unable to persuade my brothers as to this prudent court of action, I concur dubitante in the opinion of Judge Tjoflat.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9485528. Public record. Not legal advice.