Defect Notice May Trigger Insurer’s Defense Coverage, Florida High Court Rules

Mealey's (December 19, 2017, 10:20 AM EST) -- TALLAHASSEE, Fla. — A Florida Statutes Chapter 558 proceeding for resolving construction defect disputes prior to litigation constitutes a “suit” under commercial general liability insurance policies that may trigger a duty to defend provided that an insurer consents to an insured’s participation, a majority of the Florida Supreme Court held Dec. 14 (Altman Contractors Inc. v. Crum & Forster Specialty Insurance Co., No. SC16-1420, Fla. Sup., 2017 Fla. LEXIS 2492)....