David Band v. Twin City Fire Insurance Company

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-14402
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D.C. Docket No. 8:11-cv-02332-EAK-TBM
DAVID BAND, individually,
Plaintiff - Appellant,
versus
TWIN CITY FIRE INSURANCE COMPANY,
a corporation,
Defendant - Appellee.
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Appeal from the United States District Court
for the Middle District of Florida
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(December 3, 2013)
Before TJOFLAT, MARCUS, Circuit Judges, and VINSON,* District Judge.
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*Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida,
sitting by designation.
Case: 12-14402 Date Filed: 12/03/2013 Page: 1 of 2

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PER CURIAM:
This is a suit under a professional liability insurance policy. Plaintiff Band
claims that defendant Twin City Fire Insurance Co., owed him a duty to defend
him in a third-party action. Twin City, responding, claimed that the allegations of
the complaint in the third-party action failed to assert conduct that fell within the
policy's coverage; to the contrary, such conduct fell within a policy exclusion. The
District Court, in an order entered on April 5, 2012, agreed with Twin City and
granted its Fed. R. Civ. P. 12(b)(6) motion to dismiss Band's complaint. Band
appeals. We affirm for the reasons stated by the District Court in its April 5, 2012,
order.
AFFIRMED.
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