Altman Contractors, Inc., the general contractor for the construction of a high-rise condominium in.

Altman Contractors, Inc., the general contractor for the construction of a high-rise condominium in Broward County, Florida known as Sapphire, was insured by Crum & Forster Specialty Insurance Company on a general liability policy. C & F had a duty to defend Altman in any suit arising from the project. The policy defined the term suit to include civil proceedings in which damages because of bodily injury, property damage or personal and advertising injury to which this insurance applies are alleged, arbitration proceedings in which such damages are claimed, and [a]ny
Altman Contractors, Inc., the general contractor for the construction of a high-rise condominium in Broward County, Florida known as Sapphire, was insured by Crum & Forster Specialty Insurance Company on a general liability policy. C & F had a duty to defend Altman in any suit arising from the project. The policy defined the term suit to include civil proceedings in which damages because of bodily injury, property damage or personal and advertising injury to which this insurance applies are alleged, arbitration proceedings in which such damages are claimed, and [a]ny other alternative dispute resolution proceeding in which such damages are claimed. The policy did not provide further definitions for civil proceeding or alternative dispute resolution proceeding as used within this definition of suit. Altman claimed that this duty to defend was invoked when the property owner served it with several notices under chapter 558 of the Florida Statutes, a statutory process for resolving construction defect claims that is a condition precedent to filing a lawsuit. The Chapter 558 notices cumulatively claimed over 800 construction defects in the Sapphire project. Altman notified C & F of Sapphires claims and demanded that C & F defend and indemnify Altman. C & F denied that Sapphires notices of claim invoked its duty to defend because the notices did not constitute a suit. Altman filed a declaratory judgment action in federal court seeking a declaration that C & F owed a duty to defend and to indemnify it under the policy. The federal district court granted summary judgment in favor of C & F. Altman appealed to the Eleventh Circuit Court of Appeals which certified the question of coverage to the Florida Supreme Court. Does the Chapter 558 procedure constitute a suit as defined in the insurance policy? What rules should the court take into account in interpreting the policy? [Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co., 2017 WL 6379535 (Fla. Dec. 14, 2017).]