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Altman Contractors, Inc. v. Crum & Forster Specialty Insur
Case Number:
15-12816
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January 26, 2018
11th Circ. Says Condo Defect Row A 'Suit,' Triggers Coverage
The Eleventh Circuit on Friday reversed a lower court and found that a Florida state process for resolving construction disputes is a "suit" capable of triggering an insurer's duty to defend, in a case brought by a condominium association alleging construction defects against a contractor.
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August 02, 2016
11th Circ. Seeks Fla. Justices' Input On Defect Notice Law
The Eleventh Circuit on Tuesday asked Florida's highest court to weigh in on an issue of first impression regarding whether a construction defect claim notice constitutes a suit triggering an insurer's defense obligations under a commercial general liability insurance policy.
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June 23, 2016
Insurance Cases To Watch In The Second Half Of 2016
Policyholders and insurers expect guidance on key coverage issues over the next six months, from the Florida Supreme Court's long-awaited decision on the standard to apply in insurance disputes involving both covered and excluded causes of loss to the New Jersey high court's ruling on whether a liability policy covers damages from a subcontractor's faulty work. Here, Law360 examines five of the biggest insurance decisions expected in the second half of 2016.
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April 13, 2016
11th Circ. To Weigh Coverage For Building Defect Notices
The Eleventh Circuit will hear arguments Thursday on whether a construction defect claim notice constitutes a suit triggering an insurer's defense obligations under a commercial general liability policy, in a case that experts say could reduce the number of defect disputes resolved out of court. Here, Law360 breaks down the history of the case.
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December 02, 2015
11th Circ. Urged To Revive Presuit Notice Coverage Row
In a push to overturn a lower court's ruling that a construction defect claim notice doesn't qualify as a suit under commercial general liability policies, Altman Contractors Inc. told the Eleventh Circuit Tuesday that Florida law does not modify insurance contracts to bar coverage, contrary to its insurer's claim.
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November 04, 2015
Trade Groups Back Insurer In 11th Circ. Presuit Notice Row
Insurance trade groups threw their support behind Crum & Forster Specialty Insurance Co. on Wednesday and urged the Eleventh Circuit to affirm that a construction defect claim notice doesn't qualify as a suit under commercial general liability policies, asserting that insurers aren't reluctant to participate in the presuit process.
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October 29, 2015
Insurers Needn't Cover Presuit Notices, 11th Circ. Told
The Eleventh Circuit should uphold a lower court's decision that a construction defect claim notice doesn't qualify as a suit under commercial general liability policies, Crum & Forster Specialty Insurance Co. said on Thursday, arguing that a ruling to the contrary could lead insurers to stop offering construction coverage and drive up premiums.
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October 05, 2015
11th Circ. Defect Notice Case May Curb Out-Of-Court Deals
The Eleventh Circuit is grappling with a building contractor's appeal of a Florida federal judge's ruling that a construction defect claim notice isn't a covered suit under a commercial general liability policy, and attorneys say that an affirmance could lead policyholders to abandon presuit proceedings for fear of incurring steep out-of-pocket costs.
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October 02, 2015
11th Circ. Urged To Get Fla. Court's Input On Defect Notices
Florida's high court should weigh in on whether a construction defect claim notice qualifies as a suit under a commercial general liability policy, building groups told the Eleventh Circuit on Thursday, arguing that a ruling to the contrary would discourage insurers and policyholders alike from resolving disputes out of court.
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August 12, 2015
Construction Defect Notice Is A 'Proceeding,' 11th Circ. Told
A building contractor has asked the Eleventh Circuit to overturn a lower court's finding that a notice of a construction defect claim doesn't qualify as a "proceeding" and force Crum & Forster Specialty Insurance Co. to cover its costs for responding to the notice.