Gemini II Ltd. v. Mesa Underwriters Specialty Insurance

This litigation arises out of an insurance coverage dispute governed by Florida law. Gemini II LTD brought suit against R & L Yacht Refinishing Inc. alleging, breach of contract. According to Gemini, R & L improperly applied a paint coating system to a vessel. R & L failed to appear or defend, and Gemini obtained a $2.8 million default judgment against R & L. Gemini, unable to collect from R & L, sued Mesa Underwriters Specialty Insurance Co.,1 R & L’s insurer, seeking damages and declaratory relief. Mesa pled late notice as an affirmative defense, and both parties moved for summary judgment.…