Diamond State Insurance Co. v. Florida Department of Children and Families
DCF sought a declaration that Diamond State owed a duty to defend abuse suits brought against it under an endorsement to Our Kids' professional liability policy; the insurer asserted the $3 million aggregate limit had been exhausted by prior settlements. The Third District reversed partial summary judgment for DCF, holding that where the policy says the duty to defend ends upon exhaustion of limits, courts must look beyond the pleadings to the actual facts, and the insurer's claims examiner affidavit created a genuine issue of material fact.
Key facts
- Diamond State Insurance Co. issued a professional liability policy with a $3 million aggregate limit to Our Kids; DCF later sought a declaration that Diamond State owed a duty to defend it in abuse suits.
- Diamond State claimed the aggregate policy limits had been exhausted by prior settlement payments and therefore it owed no duty to defend; DCF argued the duty to defend obligation remained.
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Why it matters
The opinion gives insurers and policyholders a citable rule that exhaustion-of-limits defenses to the duty to defend are an express exception to Florida's 'eight corners' pleading rule, permitting extrinsic evidence. It… — full analysis with a trial
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