ESSEX INS. CO. v. ZOTA

No. SC06-2031.

985 So.2d 1036 (2008)

ESSEX INSURANCE COMPANY, Appellant, v. Mercedes ZOTA, et al., Appellees.

Supreme Court of Florida.

June 26, 2008.


Attorney(s) appearing for the Case

Douglas M. McIntosh and Robert C. Weill of McIntosh, Sawran, Peltz and Cartaya, P.A., Fort Lauderdale, FL, for Appellant.

Matthew D. Weissing of Rothstein Rosenfeldt Adler, Fort Lauderdale, FL, and Mara Shlackman of The Law Offices of Mara Shlackman, P.L., Fort Lauderdale, FL; and Michael D. Kaplan of Zebersky and Payne, LLP, Hollywood, FL, for Appellees.

L. Michael Billmeier, Jr., and Clyde W. Galloway, Jr. of Galloway, Brennan and Billmeier, Tallahassee, FL, on behalf of The Florida Surplus Lines Service Office; John R. Catizone of Litchfield Cavo, LLP, Tampa, FL, on behalf of Property Casualty Insurers Association of America; Anthony J. Russo and William R. Lewis of Butler, Pappas, Weihmuller, Katz, Craig, LLP, Tampa, FL, on behalf of Landmark American Insurance Company, Axis Surplus Insurance Company, and Arch Specialty Insurance Company; Roy D. Wasson of Wasson and Associates, Chartered, Miami, FL, on behalf of Florida Justice Association; and Daniel S. Green of Ullman, Bursa, Hoffman and Ragano, LLC, Tampa, FL, and Tracy Raffles Gunn of Fowler, White, Boggs and Banker, P.A., Tampa, FL, for Amici Curiae.


LEWIS, C.J.

This case is before the Court for review of several questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit as determinative of a cause pending in that court and as unanswered by existing Florida precedent. See Essex Ins. Co. v. Zota, 466 F.3d 981, 990 (11th Cir.2006) ("Zota II"). We have jurisdiction pursuant to article...

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