United States District Court, N.D. Alabama, Middle Division
MAGGIE J. ROBINSON and CODY ROBINSON, Plaintiffs,
LIBERTY MUTUAL INSURANCE COMPANY, et al., Defendants.
ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE
recluse spiders infested Plaintiffs Maggie J. Robinson and
Cody Robinson's home in Gadsden, Alabama. Based on the
spider infestation, the Robinsons filed a homeowner's
insurance claim with Defendant Liberty Insurance Corporation.
Liberty Insurance Corporation denied the claim, and the
Robinsons filed this lawsuit, alleging breach of contract and
bad faith claims against Liberty Insurance Corporation,
Liberty Mutual Group, Inc., and Liberty Mutual
the court is Liberty's motion to dismiss the
Robinsons' complaint. (Doc. 6). As explained below, the
Robinsons' loss is excluded under the relevant insurance
policy. Therefore, the court GRANTS
Liberty's motion to dismiss.
stage, the court must accept as true the factual allegations
in the complaint and construe them in the light most
favorable to the plaintiff. Butler v. Sheriff of Palm
Beach Cty., 685 F.3d 1261, 1265 (11th Cir. 2012). The
court may also consider exhibits attached to the complaint.
Hoefling v. City of Miami, 811 F.3d 1271, 1277 (11th
Cir. 2016); see also Fed. R. Civ. P. 10(c) (“A
copy of a written instrument that is an exhibit to a pleading
is part of the pleading for all purposes.”). Plaintiffs
attach to their complaint a copy of the relevant insurance
policy, two letters, and an email. (Doc. 1-1 through Doc.
1-6). As a result, the court's description of the facts
incorporates not only Plaintiffs' allegations but also
the content of the exhibits attached to the complaint.
Robinsons purchased a home in Gadsden, Alabama in March 2008.
(Doc. 1 at ¶ 13). After moving into the home, the
Robinsons discovered that it was infested with “a large
colony of highly venomous brown recluse spiders.” (Doc.
1 at ¶ 14). The Robinsons allege that “brown
recluse spiders have been found in every area and room”
of their home, “including inside their children's
clothes, shoes, in their bathrooms and showers, under their
beds, in the kitchen sink, and in light fixtures.”
(Doc. 1 at ¶ 25). Between 2013 and 2015, a pest control
company treated the home on three occasions in an effort to
eradicate the spider infestation, but those efforts failed.
(Doc. 1 at ¶¶ 16-20). According to the Robinsons,
the spiders continue to “permeate” their home.
(Doc. 1 at ¶ 21).
2014, the Robinsons purchased a Liberty Mutual LibertyGuard
Deluxe Homeowners Policy, effective May 1, 2014 through May
1, 2015 (the “Policy”). (Doc. 1 at ¶ 31;
Doc. 1-1). The Policy provides, in relevant part:
SECTION I - PERILS INSURED AGAINST
COVERAGE A - DWELLING and COVERAGE B - OTHER
We insure against risk of direct loss to property described
in Coverages A and B only if that loss is a physical loss to
property. We do not insure, however, for loss:
2. Caused by:
e. Any of the following:
(7) Birds, vermin, rodents, or ...