Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co.

The Florida Supreme Court answered the Eleventh Circuit's certified question, stating that the notice and repair process set forth in Chapter 558 of the Florida Statutes is a "suit" within the meaning of the CGL policies issued by C&F to ACI. The state court explained that although the chapter 558 process did not constitute a civil proceeding, it was included in the policy's definition of suit as an alternative dispute resolution proceeding to which the insurer's consent was required to invoke the insurer's duty to defend the insured. In light of the state court's answer of the certified question, the court reversed the district court's grant of summary judgment for C&F, vacated the final judgment, and remanded to the district court for further proceedings. View "Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co." on Justia Law