Markel Insurance Co. v. Coral Gables Lodge No. 260 Free and Accepted Masons of Florida
An insured sought a declaration that its CGL insurer's duty to defend the underlying suit extended to funding the prosecution of a compulsory counterclaim the insured filed against the underlying plaintiff. Applying Florida contract-construction principles, the court held the policy's promise to defend the insured 'against any suit' unambiguously does not require the insurer to prosecute affirmative claims brought by the insured, and dismissed the counterclaim at the pleading stage.
Key facts
- Markel Insurance Co., a CGL insurer, and Coral Gables Lodge No. 260, the insured, disputed whether the insurer's duty to defend extended to funding a compulsory counterclaim the insured filed against the underlying plaintiff in a third-party suit.
- The insured sought a declaratory judgment that the insurance policy required the insurer to pay for prosecuting the counterclaim, arguing it was necessary for the defense.
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Why it matters
This is one of the few Florida-law decisions addressing whether a liability insurer's duty to defend extends to funding an insured's compulsory counterclaim — an issue the court expressly notes no Florida appellate… — full analysis with a trial
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