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RESIDENCES AT OCEAN GRANDE, INC., Plaintiff-Appellant, v. ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, f.k.a. Allianz Insurance Company, Defendant-Appellee

United States Court of Appeals for the Eleventh Circuit2010-05-18No. No. 09-15145
379 F. App'x 879

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Opinion

majority opinion

PER CURIAM:

In this insurance dispute, plaintiff the Residences at Ocean Grande, Inc. (ROG), appeals the grant of summary judgment in favor of defendant Allianz Global Risks U.S. Insurance Co. (Allianz). The district court had granted final summary judgment in favor of Allianz because ROG’s claim for reimbursement was foreclosed both by the insurance contract’s fungi exclusion endorsement and by its defective materials exclusion. We affirm the entry of final judgment in favor of Allianz. We do so based on the well-reasoned and thorough order of the district court, dated September 9, 2009, and the Report and Recommendation of the magistrate judge, dated June 3, 2008, and adopted by the district court on July 3, 2008.

AFFIRMED.