Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co.
Answering a question certified by the Eleventh Circuit, the Florida Supreme Court held that chapter 558's construction-defect notice and repair process is a "suit" under a standard CGL policy — not as a "civil proceeding," because the process is neither mandatory for the insured nor adjudicative, but as an "alternative dispute resolution proceeding" under the policy's inclusive definition. Because subparagraph (b) requires the insurer's consent to the insured's submission, the Court left open (as outside the certified question and factually disputed) whether C&F consented here.
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Key facts
- Altman Contractors, Inc. sought a declaration regarding Crum & Forster Specialty Insurance Co.'s duty to defend under a commercial general liability policy in connection with a construction-defect claim subject to Florida's chapter 558 notice and repair process.
- The trial court and appellate proceedings involved interpretation of whether the chapter 558 presuit process constitutes a 'suit' triggering the insurer's duty to defend under the CGL policy's terms.
- +2 more key facts with a free trial
Why it matters
This is the controlling Florida authority on whether a chapter 558 notice of claim triggers a CGL insurer's duty to defend, an issue that recurs in every construction-defect matter. Practitioners representing… — full analysis with a trial
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