[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-14136 ____________________

AMERISURE INSURANCE COMPANY, AMERISURE MUTUAL INSURANCE COMPANY, Plaintiffs-Counter Defendants-Appellees, versus THE AUCHTER COMPANY, et al.,

Defendants,

LANDMARK AMERICAN INSURANCE COMPANY,

Defendant-Cross Claimant-Appellant.

____________________ USCA11 Case: 22-14136 Document: 46-1 Date Filed: 03/07/2024 Page: 2 of 8

2 Opinion of the Court 22-14136

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:16-cv-00407-BJD-LLL ____________________

Before BRANCH, LUCK, and TJOFLAT, Circuit Judges. BRANCH, Circuit Judge: This appeal involves an insurance dispute concerning coverage for defects and delays in the construction of an office building in Jacksonville, Florida. After reviewing the record and with the benefit of oral argument, we conclude that we lack jurisdiction and dismiss the appeal. I. Background Riverside Avenue Partners, Ltd. (“RAP”) contracted with the Auchter Company to build a 13-story office building. Plagued by delays and water intrusion, RAP eventually filed a lawsuit in Florida state court. RAP sought a declaratory judgment establishing Auchter’s liability (as well as that of Arch Insurance Company, Auchter’s surety), and sought damages for breach of the contract and performance bond. Arch filed a counterclaim against RAP, seeking payment of the construction contract balance and for approved change orders, as well as for payment of additional disputed charges and delay damages. Arch and Auchter also filed a third-party complaint against TSG Industries, Inc., the window subcontractor, and other subcontractors as third-party defendants for contractual indemnity USCA11 Case: 22-14136 Document: 46-1 Date Filed: 03/07/2024 Page: 3 of 8

22-14136 Opinion of the Court 3

and breach of contract, alleging that RAP’s claims implicated their scope of work on subcontracts. Landmark American Insurance Company, TSG’s insurer, acknowledged Auchter as an additional insured under TSG’s contractually-mandated policy, but ultimately refused to defend Auchter. As a result, Amerisure, 1 Auchter’s primary insurance provider, defended Auchter under a reservation of rights. After a trial, the state court entered judgment (1) in favor of RAP against Auchter and Arch; (2) in favor of Arch against TSG; and (3) in favor of Auchter and Arch against B&B of Duval Companies, Inc., the subcontractor responsible for curbs, storm drainage, and landscaping. After the state court judgment was entered, Amerisure filed this lawsuit in federal court. Amerisure sued Landmark, Auchter, Arch, RAP, TSG, and B&B, seeking a declaration that it owed no duty to indemnify Auchter and Arch, and demanding reimbursement from Landmark for the cost of defending Auchter. The parties asserted numerous crossclaims and counterclaims,2

1 The pleadings refer to Amerisure Insurance Company and Amerisure Mutual

Insurance Company collectively as “Amerisure,