NU Online News Service, Aug. 8, 12:34 p.m.EDT

Travelers Casualty and Surety Company of America has filedfederal court documents in Florida arguing that it does not have anobligation to defend the homeowners' association where TrayvonMartin was shot and killed.

Sybrina Fulton, Martin's mother, has filed a claim for more than$75,000 in damages against The Retreatat Twin Lakes—where 17-year-old Martin was shot and killed by George Zimmerman onFeb. 26.

According to court documents filed in the U.S. District Courtfor the Middle District of Florida, about a month after theshooting Travelers issued a claims-made, non-profit management andorganization liability insurance policy to Twin Lakes,with a limit of liability of $1 million. Fulton made her claimagainst Twin Lakes after the inception of the policy.

With the court filing, Travelers seeks a “declaration of itsrights and obligations” and the company states it believes one of adozen exclusions within the policy removes its duty to defend orindemnify the homeowners' association.

The exclusion says losses will not be paid to any insured if aclaim is the result of “bodily injury, sickness, mental anguish,emotional distress, disease or death of any person.”

Travelers could not be reached for additional comment.

David Thamann, managing editor of FC&S Bulletins, a memberof Summit Business Media, which also owns NationalUnderwriter, said in April that liability of thehomeowners' association was not clear cut. “They did not give himthe gun or condone his actions,” says Thamann.

However, if the association is sued under thecommercial-property and commercial-liability policy the associationshould have, the insurer would have a duty to defend against theclaim.

“The duty to defend is greater than to indemnify,” Thamannexplains.

Zimmerman, the association's neighborhood watch coordinator,says he shot at Martin in self-defense. Prosecutors say Zimmermanprofiled and pursued the teen after being instructed by a 911operator to stop following the teen, who was coming home from aconvenience store.

Zimmerman has been charged with second-degree murder and is freeon $1 million bail while awaiting trial.

The Orlando Sentinel reports an attorney forthe teen's family said they are investigating possible claims with“all the insurance companies that might be applicable” and wasseeking to determine “whatever the insurance limits were.”