Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 15-12816 (11th Cir. 2016)Annotate this Case
In 2003, the Florida Legislature enacted Chapter 558 of the Florida Statutes, establishing a notice and repair process to resolve construction disputes between property owners and contractors, subcontractors, suppliers, or design professionals. At issue is whether Chapter 558’s statutorily prescribed notice and repair process constitutes a “suit” under a commercial general liability (CGL) insurance policy, so as to trigger the insurer’s duty to defend. The court concluded that it would be greatly benefited from the guidance of the Florida Supreme Court on the meaning of the policy language at issue here and its relationship to Chapter 558. Accordingly, the court certified the following question of law to that court: Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a “suit” within the meaning of the CGL policies issued by C&F to ACI?
The court issued a subsequent related opinion or order on January 26, 2018.