Altman Contractors, Inc.v.Crum & Forster Specialty Insurance Company
Altman Contractors sought coverage under commercial general-liability policies issued by Crum & Forster after a Chapter 558 construction-defect notice and repair process began in Florida. The Eleventh Circuit had certified to the Florida Supreme Court whether that statutory process qualified as a “suit” under the policies’ duty-to-defend provision. The Florida Supreme Court answered yes, reasoning that the process is an alternative dispute-resolution proceeding even though it is not a civil proceeding and that the insurer’s consent is required to invoke the duty to defend. Because that state-law answer differed from the district court’s interpretation, the Eleventh Circuit held it was dispositive of the legal issue presented. The court did not decide whether Crum & Forster had consented to Altman’s participation, recognizing that question remained factually disputed. It reversed the grant of summary judgment, vacated the final judgment, and remanded for further proceedings.
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