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CHALFONTE CONDOMINIUM APARTMENT ASSOC., INC. v. QBE INS. CORP.

Nos. 08-10009, 08-10783 and 08-11337.

561 F.3d 1267 (2009)

CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC., Plaintiff-Appellee Cross-Appellant, v. QBE INSURANCE CORPORATION, Defendant-Appellant Cross-Appellee. Chalfonte Condominium Apartment Association, Inc., Plaintiff-Appellant, v. QBE Insurance Corporation, Defendant-Appellee. Chalfonte Condominium Apartment Association, Inc., Plaintiff-Appellee, v. QBE Insurance Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 9, 2009.

Attorney(s) appearing for the Case

Rodolfo Sorondo, Jr., Monica Vila, Holland & Knight, LLP, Miami, FL, for QBE Ins. Corp.

Daniel S. Rosenbaum, John M. Siracusa, Richard Chambers Valuntas, Katzman Garfinkel Rosenbaum, LLP, West Palm Beach, FL, for Chalfonte Codominium Apart. Ass'n, Inc.

Anthony J. Russo, Butler, Pappas, Weihmuller, Katz, Craig, Tampa, FL, for Amicus Curiae.

Before DUBINA and CARNES, Circuit Judges, and RESTANI, Judge.

DUBINA, Circuit Judge:

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO FLA. R. APP. P. 9.150(a). TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES:

These consolidated appeals require us to determine whether Florida law recognizes a claim for breach of the implied warranty of good faith and fair dealing by an insured against its insurer based on the insurer's failure to investigate...

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