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

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

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

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