Essex Insurance Company v. DiMucci Development Corp. of Ponce Inlet, Inc.

Filing 136

ORDER the parties are DIRECTED to confer and, on or before Wednesday, May 10, 2017, file a joint notice with the Court concerning the additional proceedings, if any, required to resolve Evanston's potential duty to indemnify. Signed by Judge Roy B. Dalton, Jr. on 5/3/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
EVANSTON INSURANCE COMPANY,
Plaintiff,
v.

Case No. 6:15-cv-486-Orl-37GJK

DIMUCCI DEVELOPMENT CORP. OF
PONCE INLET, INC.; and TOWERS
GRANDE CONDOMINIUM
ASSOCIATION,
Defendants.
ORDER
Plaintiff Evanston Insurance Company (“Evanston”) initiated this insurance
coverage dispute seeking a declaration that it does not have a duty to defend or to
indemnify its insured, Defendant DiMucci Development Corporation of Ponce Inlet, Inc.
(“DiMucci”) in an underlying state court action (“Underlying Action”). 1 (See Doc. 42.)
On August 3, 2016, the Court stayed the proceedings with respect to Evanston’s potential
duty to indemnify DiMucci. (Doc. 95.) During the pendency of this action, DiMucci filed
a notice of settlement on March 30, 2017, informing the Court that DiMucci and Towers
Grande Condominium Association had settled the Underlying Action. (Doc. 130.)
In light of the foregoing, the parties are DIRECTED to confer and, on or before
Wednesday, May 10, 2017, file a joint notice with the Court concerning the additional

On February 6, 2017, the Court determined that Evanston has a duty to defend
DiMucci in the Underlying Action. (See Doc. 126.)
1

proceedings, if any, required to resolve Evanston’s potential duty to indemnify.
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on May 3, 2017.

Copies:
Counsel of Record

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