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The Florida Supreme Court has ruled that a Chapter 558 Notice is a "suit."

January 19, 2018
Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, Case No.: SC16-1420 (Fla. 2017)

Brought up on appeal to the Florida Supreme Court was the issue of whether a pre-suit Chapter 558 Notice in a construction defect matter qualifies as a "suit" under the CGL policy. Under the applicable policy, a "suit" would trigger the insurer's duty to defend. The Florida Supreme Court answered in the affirmative, holding that the Chapter 558 Notice did qualify as a "suit" under the policy. While the court did not go so far as to rule that a Chapter 558 Notice triggered the duty to defend, it is clear that this ruling will be used to argue that the duty to defend begins at the Chapter 558 Notice.

 

Case Law Alerts, 1st Quarter, January 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

 

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