Miami-Dade County v. Aviation Office of America

The law regarding when there can be a non-final appeal of an insurance coverage issue has been aptly described as a “quagmire.” Raoul G. Cantero, III, Nonfinal Review of Insurance Coverage Issues: Wading Through the Quagmire, 69 Fla. Bar J. 81, 81 (October 1995).

This is not a case in which the insured, Miami Dade County, is attempting to compel the insurers to take over the defense of presently-pending litigation. If the effect of the trial court ruling is to grant or deny what amounts to specific performance of the duty to defend, then such an order should be immediately reviewable as an…