QBE INS. CORP. v. CHALFONTE CONDO. APT.

No. SC09-441.

94 So.3d 541 (2012)

QBE INSURANCE CORPORATION, Appellant, v. CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC., Appellee.

Supreme Court of Florida.

May 31, 2012.


Attorney(s) appearing for the Case

Raoul G. Cantero, III , of White and Case, LLP, Miami, FL, Rodolfo Sorondo, Jr. and Monica Vila of Holland and Knight LLP, Miami, FL, and William S. Berk of Berk Merchant and Sims, PLC, Coral Gables, FL, for Appellant.

Bruce S. Rogow and Cynthia E. Gunther of Bruce S. Rogow, P.A., Fort Lauderdale, FL, Daniel S. Rosenbaum and John M. Siracusa of Rosenbaum Mollengarde, et al., West Palm Beach, FL, Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Richard C. Valuntas , Assistant Attorney General, West Palm Beach, FL, for Appellee.

Anthony J. Russo of Butler, Pappas, Weihmuller, Katz, Craig, LLP, Tampa, Florida, and Caryn L. Bellus of Kubicki, Draper, P.A., Miami, Florida, on behalf of Florida Defense Lawyers Association and Federation of Defense and Corporate Counsel; William F. Merlin, Jr. and Mary Kestenbaum Fortson of Merlin Law Group, P.A., Tampa, Florida, on behalf of United Policyholders'; and Stephen A. Marino, Jr. and Danya J. Pincavage of Ver Ploeg & Lumpkin, P.A., Miami, Florida, on behalf of Florida Justice Association, as Amicus Curiae.


QUINCE, J.

This case is before the Court for review of five questions of Florida law certified by the Eleventh Circuit Court of Appeals as being determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const. Based on the facts and analysis outlined below, we answer the first, third, fourth, and fifth questions certified by the Eleventh Circuit in the negative...

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