"In 2003, the Florida Legislature enacted Chapter 558 of the Florida Statutes, establishing a notice and repair process to resolve construction disputes between property owners and contractors, subcontractors, suppliers, or design professionals." Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., ___ F.3d ___, No. 15-12816, 2016 WL 4087782, at *1 (11th Cir. August 2, 2016). The law was enacted to provide a more expeditious procedure of resolving construction disputes.
However, in 13 years no Florida Court ever addressed the question of whether "notice and repair" under Chapter 558 is a covered "suit" under a Commercial General Liability ("CGL") policy. The Eleventh Circuit accordingly certified the following dispositive question in this insurance coverage case to the Florida Supreme Court:
Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a “suit” within the meaning of the CGL policies [at issue]?
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., ___ F.3d ___, No. 15-12816, 2016 WL 4087782, at *7 (11th Cir. August 2, 2016).
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