Tag: Florida

Construction Defect Notice And Repair Process Was A “Suit,” Florida Supreme Court Decides

Steven A. Meyerwitz | Daily Business Review | January 8, 2018 The Florida Supreme Court, in response to a question certified by the U.S. Court of Appeals for the Eleventh Circuit, has ruled that the notice and repair process in chapter 558, Florida Statutes, which sets forth procedural requirements before a claimant may file an… Continue reading Construction Defect Notice And Repair Process Was A “Suit,” Florida Supreme Court Decides

Florida Supreme Court Ruling to Have Big Impact on Duty to Defend Construction Cases

Elizabeth B. Ferguson | Insurance Journal | January 4, 2018 A recent case out of the Florida Supreme Court will likely have a big impact on the duty of insurers to defend Florida construction cases. The case, Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company arises out of a declaratory judgment action filed in the… Continue reading Florida Supreme Court Ruling to Have Big Impact on Duty to Defend Construction Cases

Compliance with Policy Conditions After a Denial of Coverage

Edward Eshoo | Property Insurance Coverage Law Blog | January 6, 2018 In Florida, an insurer’s denial of coverage constitutes a waiver of its right to require an insured to comply with policy conditions before filing suit.1 But, what if insured requests an insurer to reconsider its coverage denial before filing suit? Does the request to… Continue reading Compliance with Policy Conditions After a Denial of Coverage

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

Florida Court Rejects Property Insurer’s Effort to Limit Assignment of Benefits

Heidi Hudson Raschke | PropertyCasualtyFocus | December 4, 2017 An assignment of benefits (AOB) is a legal tool that allows a third party to be paid for services performed for an insured property owner who would normally be reimbursed by the insurance company directly after making a claim. An AOB is commonly used when a… Continue reading Florida Court Rejects Property Insurer’s Effort to Limit Assignment of Benefits