Category «558 Proceeding»

Florida Supreme Court to Decide if Florida 558 Proceeding is a “Suit” Triggering a Duty to Defend

I previously wrote here about Judge Marra’s decision in the Southern District of Florida in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13-80831-CIV, 2015 WL 3539755, 2015 U.S. Dist. LEXIS 72466 (S.D. Fla. June 4, 2015). The question in that case was whether a Florida 558 proceeding constitutes a “suit” that …

Triggering Coverage For Construction Defect Claims in Florida & Potential Coverage Gaps For Florida 558 Proceedings

Triggering an insurer’s duty to defend is an important first step in any insurance coverage claim.  Typically, an insurer’s duty to defend is triggered when the insurer receives notice of a lawsuit filed against its policyholder.  But disputes can arise when a policyholder is required to respond to a claim that falls short of litigation, …