Florida breach of no-voluntary payments condition

In Rolyn Cos., Inc. v. R&J Sales of Texas, Inc., No. 09-16348f (11th Cir. Feb. 2, 2011)(unpublished), insured general contractor Rolyn was hired to repair hurricane damage to a building.  Rolyn in turn subcontracted with Precision to perform the roof repairs.   Allegedly due to Presicion’s defective work, the interior of the building suffered moisture-intrusion damage following a storm.  Rolyn repaired the damage and then filed suit against its CGL insurer, Crum & Forster, for reimbursement of the repair costs.  The federal district trial court entered summary judgment for Crum & Forster.  On appeal, the U.S. Court of Appeals for the Eleventh Circuit, affirmed.  Applying Florida law, the court held that Rolyn breached the “no-voluntary payments” provision of the cooperation clause when it undertook the repairs without obtaining Crum & Forster’s consent.   Noting that Rolyn spent several months trying to get Precision to perform the repairs, the court rejected the argument that, due to circumstances beyond Rolyn’s control, the repair costs were incurred involuntarily.  The court also notes that prejudice to Crum & Forster, or lack thereof, was not raised in the trial court.