Brian A. Wolf and Joseph R. Young | Smith Currie & Hancock | December 14, 2017 Contractors and design professionals are entitled to notice of alleged defects in their work and the opportunity to fix them without intervention by insurance companies and needless litigation. Today, Florida’s Supreme Court in Altman Contractors, Inc. v. Crum & Forster… Continue reading Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature
Tag: Florida
Supreme Court’s Latest Construction Defect Decision and Its Impact on Construction Insurance Claims
David B. Haber, Frank Soto and Brett Silverberg | Daily Business Review | January 12, 2018 The issue of whether a 558 notice serves as a “claim” under a commercial general liability (CGL) policy, such as the one issued by Crum & Forster Specialty Ins. Co. (C&F) in Altman Contractors v. Crum & Forster Specialty Insurance, No.… Continue reading Supreme Court’s Latest Construction Defect Decision and Its Impact on Construction Insurance Claims
Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”
Mike Seemuth | The Real Deal | January 21, 2018 The Florida Supreme Court ruled on a case centering on construction of the Sapphire Condominium in Fort Lauderdale and Altman Contractors Inc. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) The Florida Supreme Court ruled that filing notice of a claim for a… Continue reading Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”
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
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
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