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Florida Supreme Court Holds Chapter 558 Construction Defect Notice May Trigger Duty to Defend

Florida’s Construction Defect Statute provides an opportunity to resolve construction defect claims prior to litigation. It was instituted to streamline construction defect claims and encourage early alternative dispute resolution. Pursuant to Chapter 558, a claimant must serve a written notice of construction defect claim prior to bringing an action. The question of whether such notice constituted a “suit” triggering insurance coverage has been an unresolved question. On December 14, 2017, the Florida Supreme Court resolved […]

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