Posts tagged Crum & Forster Specialty Ins. Co..
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On August 15, we wrote a blog post (which can be accessed here) about how the Eleventh Circuit certified to the Florida Supreme Court the issue of whether Florida’s pre-suit process in contractor cases, under Chapter 558 of the Florida Statutes, constitutes a “suit” under CGL policy language, which would trigger the insurer’s duty to defend. On October 25, various construction trade organizations and a nonprofit policyholder advocacy group, United Policyholders, urged the Florida Supreme Court to rule in favor of Altman Contractor Inc.’s (“Altman”) interpretation that a construction defect notice issued under Chapter 558 constitutes a “suit” under CGL policies because such a reading would promote insureds and insurers to resolve disputes with the underlying plaintiff out of court and because CGL policies should be construed broadly to provide coverage for pre-litigation proceedings.

Time 3 Minute Read

On August 2nd, the Eleventh Circuit Court of Appeals certified to the Florida Supreme Court the issue of whether the notice and repair process of Chapter 558, Florida Statutes constitutes a "suit" under widely used CGL policy language, thus triggering the insurer's duty to defend. Altman Contractors, Inc. v. Crum & Forster Speciality Ins. Co., No. 15-12816 (11th Cir. Aug. 2, 2016).

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