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BILTMORE CONST. CO., INC. v. OWNERS INS. CO.

No. 2D01-5770.

842 So.2d 947 (2003)

BILTMORE CONSTRUCTION CO., INC., and Central-Allied Enterprises, Inc., a continuing joint venture, by and through Biltmore Construction Co., Inc., and Central-Allied Enterprises, Inc., its coventurers, Appellants, v. OWNERS INSURANCE COMPANY and Auto-Owners Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 21, 2003.

Attorney(s) appearing for the Case

Dennis P. Thompson of Thompson & Foote, P.A., Clearwater, and Charles W. Pittman of Macfarlane, Ferguson & McMullen, Tampa, for Appellants.

Burke Lopez and Michael S. Rywant of Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, for Appellees.

WHATLEY, Judge.

Biltmore Construction Company and Central-Allied Enterprises challenge a final summary judgment that determined Owners Insurance Company and Auto-Owners Insurance Company (Owners) were not obligated to defend against a claim brought by Bayshore Heights Associates. We reverse because the claims made in Bayshore's complaint were potentially covered under the terms of the insurance policy issued by Owners.1

Biltmore...

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