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}

^{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.}