No. 19-689

Mark Chapman, et al. v. ACE American Insurance Company

Lower Court: Eleventh Circuit
Docketed: 2019-11-27
Status: Denied
Type: Paid
Tags: certification civil-procedure duty-to-defend insurance-coverage statutory-interpretation statutory-rights substance-abuse summary-judgment
Key Terms:
Privacy Jurisdiction
Latest Conference: 2020-02-28
Question Presented (from Petition)

1. Whether the Eleventh Circuit abused its discretion by requiring allegations not contained in Chapter 397 and by denying petitioners' motion to certify diapositive questions of first impression to the Florida Supreme Court when resolving the duty to defend without guidance from the courts of Florida.

2. Whether the Eleventh Circuit's decision reflected a clear misapprehension of summary judgement standards in precedent like Tolan v. Cotton, 572 U.S. 650 (2014), and violated Rule 56(c) by rejecting applicable facts.

Question Presented (AI Summary)

Whether the Eleventh Circuit abused its discretion by requiring allegations not contained in Chapter 397 and by denying petitioners' motion to certify dispositive questions of first impression to the Florida Supreme Court when resolving the duty to defend without guidance from the courts of Florida

Docket Entries

2020-03-02
Petition DENIED.
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-02-11
Reply of petitioners Mark Chapman, et al. filed. (Distributed)
2020-01-27
Brief of respondents ACE American Insurance Company, et al. in opposition filed.
2019-12-09
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2020.
2019-12-05
Motion to extend the time to file a response from December 27, 2019 to January 27, 2020, submitted to The Clerk.
2019-11-25
Petition for a writ of certiorari filed. (Response due December 27, 2019)

Attorneys

ACE American Insurance Company, et al.
Michael B. de LeeuwCozen O'Connor, Respondent
Mark Chapman, et al.
Joseph D MagriMerkle, Magri, Meythaler, PA, Petitioner