Miami-Dade County v. Aviation Office of America

Because the order under review is an appehlable nonfinal order that determines the insurers’ duty to defend, I respectfully dissent from the order of dismissal.

The complaint filed by Dade County seeks a declaration that the insurers have a duty to defend the County in this complex environmental clean-up litigation, and also seeks to recover the costs of investigation and defense of the administrative proceedings and litigation. The court’s view of this appeal as only a damages case is short-sighted, and the dismissal leaves the parties in a state of uncertainty. It makes no sense to consider…