The Florida construction industry will wait to find out if state law requires general liability insurers to defend contractors from claims during the pre-litigation defect process outlined in Chapter 558, Florida Statutes.
That is because a recent decision by the U.S. Court of Appeals for the Eleventh Circuit certified to the Florida Supreme Court the issue of whether the notice and repair process is considered a “suit” within the meaning of a standard insurance services office commercial general liability, or CGL, policy.
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