AIU Insurance Co. v. Block Marina Investment, Inc

In AIU Insurance Co. v. Block Marina Investment, Inc., 544 So. 2d 998 (Fla. 1989), the insurer advised the insured that it would provide a legal defense for the insured's claim although the claim was not covered under the parties' policy. See id. at 999. Two weeks prior to trial, the insurer informed the insured that it would not provide further defense because the claim was not covered by the policy. See id. The insurer's actions were in violation of section 627.426(2)(a), Florida Statutes (1985), which required the insurer to notify the insured of its decision not to defend within sixty days after its reservation letter and within thirty days before trial. See id. The supreme court held that the insurer's failure to comply with the time requirements of section 627.426(2)(a) did not result in the insurer losing the right to refuse to cover the insured's defense where the coverage sought was expressly excluded or otherwise unavailable under the policy. See id. The supreme court reasoned that to rule otherwise would in effect "give insurance coverage to Block Marina . . . at a time when the marina operator's legal liability endorsement had been eliminated from the policy and the contract of insurance expressly excluded such losses from coverage." Id.