28 Fla. L. Weekly D1826a
Insurance — Comprehensive general liability — Coverage — Estoppel — Question certified: Can the estoppel theory approved in Doe v. Allstate Insurance Co. be applied to conduct arising out of the insurer’s investigation of a claim before the claimant has filed a lawsuit?
FLORIDA MUNICIPAL INSURANCE TRUST, Appellant, v. VILLAGE OF GOLF, a municipal corporation, Appellee. 4th District. Case No. 4D01-4892. Opinion filed August 6, 2003. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Timothy P. McCarthy, Judge; L.T. Case No. CL 99-9669 AD. Counsel: Michael T. Burke of Johnson, Anselmo, Murdoch, Burke & George, Fort Lauderdale, for appellant. Kenneth G. Spillias, Kevin S. Hennessy and Eric Ash of Lewis Longman & Walker, P.A., West Palm Beach, for appellee.ON MOTIONS FOR REHEARING & CERTIFICATION[Original Opinion at 28 Fla. L. Weekly D900a]
(PER CURIAM.) We deny appellant’s motion for rehearing, but certify the following question as one of great public importance:
CAN THE ESTOPPEL THEORY APPROVED IN DOE V. ALLSTATE INSURANCE CO., 653 SO. 2D 371 (FLA. 1995), BE APPLIED TO CONDUCT ARISING OUT OF THE INSURER’S INVESTIGATION OF A CLAIM BEFORE THE CLAIMANT HAS FILED A LAWSUIT?
(FARMER, C.J., KLEIN, J., and LEVIN, STEVEN J., Associate Judge, concur.)
