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.
Continue Reading Contractor Gets Boost From Amici Filings In Florida Suit Over Duty To Defend

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.
Continue Reading A Defect in CGL Policy Language: Eleventh Circuit Certifies Whether a Florida Ch. 558 Notice and Repair Process Is a “Suit” that Triggers a Defense