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Hillsborough County, Et Al.v.Star Insurance Company

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.15-13701
DecidedFebruary 3, 2017
Reporter903 F.2d 1440
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilInsurance LawContract InterpretationSummary JudgmentDeclaratory JudgmentVacaturRemand
Case Summary

Hillsborough County and an injured claimant disputed whether the County could settle a tort claim and trigger coverage under Star Insurance’s excess liability policy without the insurer’s consent. The policy contained a three-hundred-fifty-thousand-dollar self-insured retention, while Florida’s sovereign-immunity statute capped the County’s ordinary liability at a lower amount unless the legislature approved a special claims bill. On cross-motions for summary judgment, the district court held that a claims bill was not necessarily required to trigger coverage but that the County could not settle without Star’s consent. The Eleventh Circuit affirmed in part and vacated in part. It held that the policy’s retention was not automatically void or illusory merely because it exceeded the statutory cap, and that the County could satisfy the retention in circumstances permitted by the policy without first obtaining a special claims bill. The court vacated the final judgment because the district court had not fully stated the legal effect of those rulings and remanded for an amended judgment.

Opinion

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