## Facts

- Maggie and Cody Robinson discovered an infestation of brown recluse spiders in their home that they alleged could not be eradicated.
- The Robinsons later obtained a homeowners’ policy covering “direct physical loss” but excluding damage caused by “birds, vermin, rodents, or insects.”
- The Robinsons alleged the spiders infested the entire home, posed a deadly risk, and rendered the home unsafe for occupancy, causing extensive physical damage.
- The Robinsons submitted a claim; the insurer denied coverage based on the insects/vermin exclusion.
- The Robinsons sued for breach of contract and bad-faith refusal to pay under Alabama law, arguing brown recluse spiders are neither “insects” nor “vermin” as used in the policy.
- The district court dismissed the complaint under Rule 12(b)(6), concluding spiders fell within the ordinary meaning of both “insects” and “vermin.”
- The Robinsons appealed.

## Issues

1. Whether, under Alabama law, a brown recluse spider infestation falls within the homeowners’ policy exclusion for damage caused by “insects or vermin.”
2. Whether the court could consult dictionary definitions to determine the ordinary meaning of “insects” and “vermin.”
3. Whether a bad-faith refusal-to-pay claim can proceed when the underlying loss is not covered.

## Decision

- The Eleventh Circuit affirmed the Rule 12(b)(6) dismissal.
- Applying Alabama law, the court held the policy terms must be read according to ordinary meaning, not scientific taxonomy, unless the policy indicates otherwise.
- The court held the district court properly consulted dictionaries to determine the ordinary meaning of “insects” and “vermin,” treated as legislative facts.
- The court concluded brown recluse spiders fall within the ordinary meaning of “insects” and, independently, within “vermin,” so the exclusion barred coverage.
- Because coverage was barred as a matter of law, the bad-faith claim necessarily failed.

## Legal Principles

- Under Alabama law, insurance policy terms are construed according to their ordinary meaning; technical or scientific meanings apply only if the policy context clearly calls for them.
- Courts may consult dictionaries to determine ordinary meaning, and may treat word meaning as a legislative fact appropriate for judicial determination at the pleading stage.
- When an exclusion unambiguously applies under ordinary meaning, courts enforce it and dismiss claims seeking benefits for the excluded loss.
- Under Alabama law, a bad-faith refusal-to-pay claim fails where there is no contractual coverage for the claimed loss.

## Conclusion

The court held that a brown recluse spider infestation falls within a homeowners’ policy exclusion for damage caused by “insects or vermin,” that dictionary consultation was proper to determine ordinary meaning, and that lack of coverage defeats both breach-of-contract and bad-faith claims at the pleading stage.


Robinson v. Liberty Mut. Ins. Co., 958 F.3d 1137 (11th Cir. 2020)