(March 2, 2017, 9:36 AM EST) -- FORT MYERS, Fla. — A federal judge in Florida on Feb. 22 denied a motion to dismiss a declaratory judgment action brought by an insurer against a home builder in a construction defects lawsuit, ruling that the case could proceed because the insurer is not a party to the underlying litigation brought by the homeowners against the builder (Mid-Continent Casualty Company v. Van Emmerik Custom Homes Inc., et al., No. 16-819, M.D. Fla.; 2017 U.S. Dist. LEXIS 24279)....