Colonial Oil Industries v. Underwriters Subscribing to Policy Numbers TO31504670 & TO31504671

Fletcher, Presiding Justice.

The Eleventh Circuit Court of Appeals certified to this Court questions regarding the scope of an insurer’s duty to investigate prior to determining whether to defend a claim brought against its insured and the effect of a wrongful refusal to defend on an insurer’s right to raise policy defenses. We conclude that an insurer has no duty to investigate until the insured apprises the insurer of facts that would bring the claim within the policy’s coverage. We also conclude that an insurer who has wrongfully refused to defend may raise policy defenses to coverage.

Coloni…