The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Altman Contractors, Inc.v.Crum & Forster Specialty Insurance Company

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.15-12816
DecidedJanuary 26, 2018
Reporter832 F.3d 1318
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilInsurance LawInsurance CoverageContract InterpretationCertified QuestionReversalVacaturRemand
Case Summary

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.

Opinion

Loading published copy…

The Far Side
Altman Contractors, Inc. V. Crum & Forster Specialty Insurance Company — The Atlanta Gleaner