Hillsborough County v. Star Insurance Co.

After Darcia Dominguez died in an automobile accident with a Hillsborough County employee, her personal representative, Jorge Dominguez, filed a wrongful death suit against the County in state court, which is still pending. This instant action involves an insurance dispute between the County, Mr. Dominguez, and the County's excess carrier, Star Insurance. The court addressed an issue of first impression under Florida law - the interplay between the limited waiver of sovereign immunity set forth in Fla. Stat. 768.28(5) and the language of the self-insured retention limit (SIRL) contained in an endorsement to the excess liability policy issued to the County by Star. The district court granted Mr. Dominguez's motion for entry of judgment. The court affirmed the portions of the summary judgment order and final judgment which (a) declared that the County cannot unilaterally settle Mr. Dominguez's claim within policy limits without Star’s consent, and (b) explained that other issues related to the proposed settlement are unripe for resolution on the current record; vacated the portion of the summary judgment order and the final judgment which declares that the $350,000 SIRL can be satisfied without the passage of a special claims bill; concluded that, on this record, the district court's reliance on the frustration of purpose doctrine was misplaced, and the court has no basis to address the interplay between section 768.28(5) and the policy's SIRL because the proposed settlement between the County and Mr. Dominguez anticipates the need for, and passage of, a special claims bill; and affirmed the district court's denial of Star's belated motion for discovery. View "Hillsborough County v. Star Insurance Co." on Justia Law