Quinton Swanson v. Allstate Indemnity Company

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 20, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-14114
Non-Argument Calendar
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D.C. Docket No. 2:09-cv-02148-SLB
QUINTON SWANSON,
Plaintiff-Appellant,
versus
ALLSTATE INDEMNITY COMPANY,
Defendant-Appellee.
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Appeal from the United States District Court for the
Northern District of Alabama
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(March 20, 2012)
Before MARCUS, MARTIN, and HILL, Circuit Judges:

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PER CURIAM:
Quinton Swanson filed this action against Allstate Indemnity Company
(“Allstate”), alleging a breach of an insurance contract, bad faith, and
misrepresentation in connection with Allstate’s denial of coverage under its
contract of insurance with Swanson. Allstate filed a motion for summary
judgment, arguing that Swanson materially breached the contract by failing to
notify it that the insured property had been vacant for over a year prior to its loss
by fire. Allstate also argued that there was no coverage under the contract due to
the contract’s exclusion for vandalism or malicious mischief to a vacant house.
The district court granted summary judgment to Allstate in a thorough
opinion with which we find no error. Therefore, on the basis of the opinion of
Chief United States District Judge Susan Blackburn, issued on the 3 of August,rd
2011, we shall affirm.
AFFIRMED.
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