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TIARA CONDOMINIUM v. MARSH & McLENNAN COMPANIES

No. 09-11718.

607 F.3d 742 (2010)

TIARA CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation, in its own name and as agent for all owners of record of all individual condominium parcels with the Tiara Condominium, Plaintiff-Appellant, v. MARSH & McLENNAN COMPANIES, INC., a Delaware Corporation, Marsh, Inc., Marsh, USA, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 27, 2010.

Attorney(s) appearing for the Case

Mark L. McAlpine, McAlpine & Associates, P.C., Auburn Hills, MI, for Plaintiff-Appellant.

Christopher J. St. Jeanos, Lawrence O. Kamin, Mitchell J. Auslander, Willkie, Farr & Gallagher, LLP, New York City, Roberto A. Torricella, Jr., Francis A. Anania, Anania, Bandklayder, Blackwell, Baumgarten & Torricella, Miami, FL, Gregory K. Conway, Willkie, Farr & Gallagher, LLP, Washington, DC, for Defendants-Appellees.

Before DUBINA, Chief Judge, KRAVITCH, Circuit Judge, and EDENFIELD, District Judge.

DUBINA, Chief Judge:

This appeal arises from a contract between an insurance broker and the association responsible for managing a condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. The condominium association claims that the broker caused part of its losses by failing to procure an adequate insurance policy for the condominium. Although we are able to resolve the issues raised with...

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