closind div in wrong place?

I was getting error messages from the html validator about an open <div> and <li> tags, coming from this plugin. So I looked at the code, and saw that the divwith the class rpbc_content was closed inside condition if ( $allwExcerpts == '1' ). I moved it out of the condition, and that solved the problem.
Am I the only one who ran into this problem?

http://wordpress.org/plugins/wp-siren-recent-posts-by-category/