[CLC-Discussion] [CLC Discussion] Fla. Stat. 558 Claim Endorsement

[Fred Dudley]

Yes, it was a great argument (way to go, Kim, and Mark as well). However, my understanding is that such policy provisions are usually proposed by Office of Insurance Services (OIS), a national organization of underwriters, and that all terms of such insurance policies must be first approved by the Florida Office of Insurance Regulation (OIR), including any "endorsements/riders" to approved policy forms.

As you recall, the 2015 statutory changes to Chapter 558 included an exception to the existing "no insurance claim" provision by adding "unless provided for in the policy." I seriously doubt OIS, as an industry organization, will ever propose a policy provision to make ALL 558 Notices of Claim trigger the insurer's duty to defend, since that would result in every policy having a claims history, and very likely an increase in approved premiums, neither of which are results our constructors, subs and suppliers would want to see.

Fred R. Dudley, Managing Member
Board Certified Construction Lawyer
Dudley, Sellers, Healy & Heath, P. L.L.C.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley at mylicenselaw.com


From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Robert Carlson
Sent: Thursday, April 27, 2017 3:03 PM
To: 'clc-discussion at lists.flabarrpptl.org' <clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] [CLC Discussion] Fla. Stat. 558 Claim Endorsement

Pardon the interruption.  While we await a decision from the Florida Supreme Court over whether Fla. Stat. 558 is a claim or suit under a standard CGL policy, (great job Adam), has anyone run across or had any success in obtaining a specific endorsement affording such coverage?  While doubtful, you never know what products are floating around on the market.  I am trying to get such an endorsement added to an OCIP program with no success.

Thank you.


Robert A. Carlson
Partner

Board Certified in Construction Law
[Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605
Miami, Florida 33132
T  305.377.2323     F  305.377.2320
www.Lee-Lawfirm.com<http://www.lee-lawfirm.com/>

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