Swire was developing the Two Tequesta Point Condominium project on Brickell Key and purchased a builder's risk policy from Zurich. A city inspector found design defects in the project that cost Swire $4.5 million to correct, and it filed a claim with Zurich for reimbursement. Zurich declined to pay. Swire sued in federal court, where the judge ruled in favor of Zurich. On appeal, the U.S. Eleventh Circuit Court of Appeals certified questions to this Court.