Gust K. Newberg Construction Company, an Illinois Corporation v. E.H. Crump & Company, a Delaware Corporation

ESCHBACH, Senior Circuit Judge.

Gust K. Newberg Construction Company (“Newberg”), the plaintiff in this case, appeals from a judgment entered in favor of the defendant, E.H. Crump & Company (“Crump”) following a bench trial. In this diversity action, the district court held that Crump had no duty, under Florida law, 1 to inform Newberg that an “all risk” insurance policy purchased by Newberg to cover its risk of loss regarding a construction project in Dade County, Florida, excluded loss caused by subsurface water. Under the circumstances of this case, we agree and therefore affirm.

I

Newberg,…