Wall Street Plaza Orlando screenshot

Affirming the decision of the lower court, the U.S. Court of Appeals for the Eleventh Circuit held that an insurer had no duty to pay for losses in an incident involving a festival attendee and a flying beach ball.

Robert Hunt, who attended Rum Fest 2017 in Orlando, claimed he suffered severe ligament and tendon injuries when he used his outstretched hands to push an extra-large beach ball away from him to prevent it from hitting him in the head at Wall Street Plaza in downtown Orlando.

Hunt filed suit against Hub City Enterprises Inc. and Wall Street Street Enterprises of Orlando Inc., the owners and operators of the complex of bars, restaurants and nightclubs, which serves as the Rum Fest venue.

Princeton Excess and Surplus Lines Insurance Co. agreed to defend the businesses, subject to a reservation of rights. Princeton Excess then filed suit in the U.S. District Court in Orlando seeking a declaration that it had no obligation to defend or indemnify Hub City due to an "amusement device" exclusion in the policy.

Hub City argued the large inflatable ball was intended as a piece of decoration only, which would bring the complaint under the coverage of the policy.

The district court granted summary judgment and dismissed the case.

That dismissal was upheld by a unanimous three-judge Eleventh Circuit panel, which noted the district court properly rejected Hub City's argument, saying the beach ball was not an immobile decoration but instead was a moving object at the time of Hunt's injury.

The panel also affirmed the district court's decision that the policy exclusion was not ambiguous because it provided a non-exhaustive list of devices that required the user to strike punch or kick the device.

The unsigned, unpublished opinion issued March 30 came from Judges Charles Wilson, R. Lanier Anderson and Joel Dubina.

Hannah Smith reports for the Insurance Coverage Law Center.