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Expert Analysis

Florida Law's Chapter 558 Statute And Defining 'Lawsuits'

Law360, New York (September 12, 2016, 5:37 PM EDT) -- The Florida construction industry will have to wait a little longer to find out if Florida law requires general liability insurers to defend contractors from claims during the prelitigation defect process outlined in Chapter 558, Florida Statutes. That is because an Aug. 2, 2016, decision by the Eleventh Circuit certified to the Florida Supreme Court the issue of whether the Chapter 558 notice and repair process is considered a "suit" within the meaning of a standard Insurance Services Office (ISO) commercial general license (CGL) policy. It is now up to the Florida Supreme Court to decide if it will accept the case....

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