- The Florida Supreme Court has ruled that a Chapter 558 Notice is a "suit."
- March 2, 2018
Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, Case No.: SC16-1420 (Fla. 2017)Brought up on appeal to the Florida Supreme Court was the issue of whether a pre-suit Chapter 558 Notice in a construction defect matter qualifies as a "suit" under the CGL policy. Under the applicable policy, a "suit" would trigger the insurer's duty to defend. The Florida Supreme Court answered in the affirmative, holding that the Chapter 558 Notice did qualify as a "suit" under the policy. While the court did not go so far as to rule that a Chapter 558 Notice triggered the duty to defend, it is clear that this ruling will be used to argue that the duty to defend begins at the Chapter 558 Notice.