United States Eleventh Circuit

Summary judgment for plaintiff insurers, ruling that the duty to defend under Florida law would not arise pursuant to a general liability policy unless and until a class has been certified in a case where a class has not yet been certified against the insured, is reversed as, under Florida law and the terms of this policy, pliantiff insurers have a duty to defend -- the Underlying Complaint has alleged sufficient facts that fairly and potentially bring the suit within the ambit of the policy's coverage.

Appellate Information

• Decided 10/16/2006
• Published 10/16/2006

Judges

• MARCUS, Circuit Judge:, Before MARCUS, WILSON and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Caryl E. Delano, Addison & Delano, P.A., Tampa, FL, for Beaver.


• For Appellees:
  
• Richard R. Garland, Dickinson & Gibbons, P.A., Sarasota, FL, Charles P. Schropp, Schropp, Buell & Elligett, PA, Robert Loring Rocke, Rocke, McLean & Sbar, P.A., Bennie Lazzara Jr., Wilkes & McHugh, P.A., Tampa, FL, Helen Ann Hauser, Dittmar & Hauser, P.A., Coconut Grove, FL, David C. Knapp, Cabaniss, Smith, Toole & Wiggins, PL, Orlando, FL, for Appellees.