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Deltona authorizes outside counsel for Howland Holdings lawsuit after insurer likely to decline coverage
Summary
The City Commission voted 7-0 to authorize outside legal representation in a declaratory-judgment suit filed by Howland Holdings Group LLC after city officials said the city's insurer likely will not cover the case.
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The Deltona City Commission voted 7-0 to authorize outside counsel to represent the city in litigation filed by Howland Holdings Group LLC, approving Resolution 2025-57 to secure legal representation while the insurer determines whether coverage applies.
City Attorney told commissioners the complaint seeks a declaratory judgment and the carrier is determining whether coverage exists; based on the city's reading of the policy, it is likely the carrier will not provide coverage. The city attorney said Roberts Reynolds Butler D'Arata & Tuzzio (as identified in the city attorney's presentation) would be used as outside counsel if the carrier declines coverage and that the city attorney's office would supervise outside counsel.
The resolution was moved and seconded during the meeting; Vice Mayor Harriot moved to approve and Commissioner Colwell seconded. The motion passed by a 7-0 roll-call vote. City staff said if the insurer ultimately accepts the claim, the city would not use outside counsel.
Why it matters: The vote commits the city to defend itself in active litigation while the insurance-carrying decision is pending. City officials said they wanted to act promptly to meet court deadlines and to preserve the city's procedural position.
Next steps: City staff and outside counsel will prepare the city's response in the litigation and will update the commission if the insurer elects coverage or if additional legal actions are required.

