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MINDIS METALS, INC., Plaintiff-Appellant v. TRANSPORTATION INSURANCE COMPANY, TRANSCONTINENTAL INSURANCE COMPANY, Defendants-Appellees.

PER CURIAM:

Plaintiff Mindis Metals, Inc. appeals the district court's grant of summary judgment to defendant Transportation Insurance Company on plaintiff's claim for indemnification for its settlement with Eureka Foundry Company. There is no consensus in other jurisdictions as to whether intentional conduct premised on erroneous information is an "accident" under a general liability insurance policy. Compare, e.g., Red Ball Leasing v. Hartford Accident Indem. Co., 915 F.2d 306, 309-12 (7th Cir. 1990), with Lumber Ins. Cos., Inc. v. Allen, 820 F. Supp. 33, 34-36 (D.N.H. 1993). In Georgia, however, such conduct is not an "accident," as explained by Judge Duross Fitzpatrick in Macon Iron Paper Stock Co., Inc. v. Transcontinental Ins. Co., No. 5:97-CV-168-4 (M.D.Ga. March 9, 1999), a copy of which is attached. There was no error in determining that plaintiff's conversion of Eureka's scrap metal was not an "accident" potentially qualifying plaintiff for indemnification under the terms of the insurance policy.

AFFIRMED.

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MINDIS METALS v. TRANSPORTATION INS. C.O., 99-13349 (11th Cir. 4-20-2000)
(Apr 20, 2000)