SC02-1257 – American Home Assurance Company v. Plaza Materials Corporation

State: Florida

Docket No: SC02-1257

Case Date: 07/13/2005

Preview:Supreme Court of Florida
____________ No. SC02-1257 ____________ AMERICAN HOME ASSURANCE COMPANY, Petitioner, vs. PLAZA MATERIALS CORPORATION, Respondent. [July 7, 2005] CORRECTED OPINION PER CURIAM. We have for review a decision of a district court of appeal on the following question, which the court certified to be of great public importance: IF A STATUTORY PAYMENT BOND DOES NOT CONTAIN REFERENCE TO THE NOTICE AND TIME LIMITATION PROVISIONS OF SECTION 255.05(6), ARE THOSE NOTICE AND TIME LIMITATIONS NEVERTHELESS ENFORCEABLE BY THE SURETY, OR IS THE CLAIMANT ENTITLED TO RELY UPON THE NOTICE AND TIME LIMITATIONS APPLICABLE UNDER THE COMMON LAW? Am. Home Assurance Co. v. Plaza Materials Corp., 826 So. 2d 358, 361 (Fla. 2d DCA 2002). We have jurisdiction. See art. V,

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