Gary Brown and Steven Appelbaum | Construction Industry Counselor | January 5, 2018 In a case of first impression that will undoubtedly have significant effects on Florida’s construction and insurance industries, the Florida Supreme Court recently decided that an insurer’s duty to defend under a standard form commercial general liability (CGL) policy was triggered by… Continue reading An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Category: General Liability Policy
Altman Contractors v. Crum & Forster: Florida Supreme Court Answers the 11th Circuit’s Certified Question in the Affirmative
Jaret J. Fuente | Carlton Fields | December 20, 2017 In Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F.3d 1318 (11th Cir. 2016), the Eleventh Circuit certified the following question to the Florida Supreme Court: “Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a ‘suit’… Continue reading Altman Contractors v. Crum & Forster: Florida Supreme Court Answers the 11th Circuit’s Certified Question in the Affirmative
California Court Holds Insured’s Activities Not an Occurrence
Traub Lieberman | January 9, 2018 In its recent decision in Henstooth Ranch LLC v. Burlington Ins. Co., 2018 U.S. Dist. LEXIS 1176 (N.D. Cal. Jan. 3, 2018), the United States District Court for the Northern District of California had occasion to consider whether an insured’s land restoration activities constituted an “occurrence” for the purpose of… Continue reading California Court Holds Insured’s Activities Not an Occurrence
Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a “Suit” Under CGL Policy
Katharine E. Kohm | The Dispute Resolver | December 23, 2017 Recently, the 11th Circuit was presented with an appeal concerning a commercial general liability (“CGL”) insurer’s duty to defend a general contractor. At issue was whether statutory-required notice from an owner to the general was a “suit” under the policy triggering the defense duty. The 11th posed this certified… Continue reading Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a “Suit” Under CGL Policy
When Should an Accident be an Accident?
Charles P. Edwards | Barnes & Thornburg LLP | November 27, 2017 Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an “occurrence.” CGL policies typically define “occurrence” as an “accident.” Courts define an accident as “an… Continue reading When Should an Accident be an Accident?