[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-12581 ____________________

JAMES SNELL, d.b.a. Outdoor Expressions, Plaintiff-Appellant, versus UNITED SPECIALTY INSURANCE COMPANY,

Defendant-Appellee.

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Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:21-cv-00229-CG-M ____________________ USCA11 Case: 22-12581 Document: 36-1 Date Filed: 05/28/2024 Page: 2 of 56

2 Opinion of the Court 22-12581

Before NEWSOM, BRANCH, and LUCK, Circuit Judges. BRANCH, Circuit Judge: United Casualty Insurance Company (“United”) refused to defend James Snell, a landscaper, in a civil lawsuit alleging that Snell had negligently installed a ground-level trampoline in a client’s backyard. Snell sued, contending that United had breached its insurance contract with him in bad faith and seeking a declaratory judgment that United had a duty to defend and indemnify Snell. The district court granted summary judgment for United, holding that the accident did not “arise from” Snell’s “landscaping” work within the meaning of his commercial general liability policy. On appeal, Snell argues that the district court misconstrued the policy and his complaint, prematurely granted summary judgment on United’s duty to indemnify him while the underlying suit was still pending, and erred in granting summary judgment on his bad faith claim. After review, and with the benefit of oral argument, we affirm. In the first place, the district court correctly concluded that the allegations of the complaint did not trigger United’s duty to defend and, though the facts United discovered in investigating the claim present a closer question, Snell’s insurance application makes clear that the policy does not cover his work here. Next, Alabama law does not, as Snell suggests, preclude a decision on the duty to indemnify before judgment in the underlying case. Finally, Snell’s bad faith claim necessarily fails because United had a lawful basis to deny the claim. But even if that were not so, Snell failed to meet USCA11 Case: 22-12581 Document: 36-1 Date Filed: 05/28/2024 Page: 3 of 56

22-12581 Opinion of the Court 3

the high burden of showing bad faith under Alabama law because he points to no evidence that United wholly failed to investigate any part of his claim. Instead, he simply insists that if United had done a more thorough investigation, it would agree with him, which is insufficient to show bad faith under Alabama law. I. Background A. Factual Background Snell’s landscaping company is named “Outdoor Expressions,” and it is located in Fairhope, Alabama. Snell was hired by a family, the Westons, to turn an above ground trampoline into a ground level trampoline. According to Snell, the Westons wanted an in-ground trampoline because it would be more aesthetically pleasing and sturdy than an above- ground trampoline. Snell’s project for the Westo