TALLAHASSEE – Two insurance companies are seeking a judgment from the court over a dispute in coverage claims related to a wrongful death suit.
Westfield Insurance Co. and North River Insurance Co. have a class-action lawsuit against Richard Miller and Mary Rebecca Rimes, as co-representatives of the estate of Travis Joseph Miller, Culpepper Construction Co. Inc., Roger Bentley, David Lollie and the board of trustees of Florida State University on Feb. 9 in the U.S. District Court for the Southern District of Florida, Tallahassee Division, seeking declaratory judgment.
According to the complaint, Westfield Insurance Co. and North River Insurance Co. are seeking a judicial declaration of no coverage. The suit states that the plaintiffs claim they have no duty to defend or indemnify Culpepper, which was allegedly a contractor on a job where Travis Joseph Miller died. His estate has filed a wrongful death suit, the suit states.
The plaintiffs seek the following: a declaration of no duty to defend or indemnify defendants and any other further relief allowable by law. They are represented by Wayne Tosko of Vasquez & Tosko LLP in Orlando and Michael K. Kiernan of Traub Lieberman Straus & Shrewsberry LLP in St. Petersburg.
U.S. District Court for the Southern District of Florida, Tallahassee Division Case number 4:16-cv-00077