• CSC20logograyorangenoyear
  • CSC 2022
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • Speakers
        • Become a Speaker
        • MCLE Accreditation
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates
  • .
  • CSC 2022
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • Speakers
      • Become a Speaker
      • MCLE Accreditation
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates

December 6 – 8, 2022 |
MGM Grand, Las Vegas

Sign Up Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

June 27, 2018

What Constitutes a “Suit” in Commercial General Liability Policy Coverage?

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
June 27, 2018

What Constitutes a “Suit” in Commercial General Liability Policy Coverage?

The Florida Supreme Court provides an expansive meaning for “suit”

Insurance carriers have been arguing with contractors over coverage terms under Commercial General Liability Policies for as long as these policies have been written.

A relatively recent Florida Supreme Court case examines the question of whether the word “suit” in a contract requires the insurer to defend a case. Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 232 So. 3d (Fla. 2017) An article in Shutts CONSTRUCTION LAW BLOG by William C. Matthews outlines the reasoning behind the Court’s findings in this case.

“…Parties that are covered under commercial general liability  (“CGL”) policies must consider whether their carriers will pick up the defense of any claims against the insured, including defense costs, selection of attorney(s), and more. Typically, this duty is triggered by a ‘suit’ against the insured as defined in the subject CGL policy. Does a ‘suit,’ however, commence at the initiation of the notice and repair process set forth in Chapter 558, Florida Statutes, or when a lawsuit is actually filed against the insured?”

Although the insurer, Crum, agreed it would defend Altman against the 558 allegations with a reservation of rights, it eventually argued it did not have a duty to reimburse Altman for its legal fees, because the “Chapter 558 defect notices” received by the contractor did not constitute the filing of a lawsuit required for coverage under its contract with the insured and the matter was settled “before a lawsuit was filed.”

Altman, filed suit against Crum for the recovery of its legal expenses claiming this proceeding did fit under the definition of “suit” in the CGL policy.

The court agreed with Altman. It cited the following policy language as the basis for its ruling:

“’Suit includes: …b. Any other alternative dispute resolution proceeding in which damages are claimed and to which the insured submits with our consent.’”

Mr. Matthews explains that “…the Court held that the Chapter 558 process does fall within the definition set forth in subparagraph (b) because a 558 notice is a required presuit process encouraging the claimant and insured to settle claims for construction defects without resorting to litigation.”

Source—

Does the Chapter 558 Process Constitute a “Suit” Under Commercial General Liability Policies? William C. Matthews, Shutts CONSTRUCTION LAW BLOG, May 7, 2018.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

AGC Urges End To Tariffs

ARLINGTON, VA - Prices of materials and services for nonresidential construction leaped nearly 21 percent from year-ago levels, according to an analysis by the Associated General Contractors of America of government data.

Latest News Latest NewsNews

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

Pandemic Lessons Loom

LAS VEGAS – Everyone hopes the pandemic is a once-in-a-century event, but contract language never sleeps. Construction attorneys, contractors, and governments can learn from pandemic issues in a variety of ways.

Latest News Latest NewsNews

AGC Calls For Tariff Relief

AGC urged the Biden administration to relieve major cost pressures by removing remaining tariffs.

Latest News Latest NewsNews

Industry News: $125K Fine; White House Budget; Giordano Appointed

NEW YORK – New York Attorney General Letitia James announced via press release that her office secured $125,000 from a contractor who skirted diversity requirements.

Latest News Latest NewsNews

Pete Fowler Construction Services – A Problem Solver

SAN CLEMENTE, CA – After 25 years in the consulting business, the employees at Pete Fowler Construction Services (PFCS) have seen a lot. While much has changed since the San Clemente-based consulting firm opened its doors in 1997, some things r
Latest News Latest NewsNews

Supply Chain Delays: What Claim Issues Are You Seeing?

In many industries, the “supply chain” mantra is familiar and persistent. This month we continue the topic with a focus on claims specifically related to delays.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Sign Up
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2022 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   TERMS OF USE   PRIVACY POLICY