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ARTICLE · 23 APRIL 2024

Construction Defects Coverage Update

Plunkett & Cooney
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The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that, at the time the insured requested a defense...

United StatesReal Estate and Construction
Shantinique Brooks
Shantinique Brooks

Construction Defects – Eleventh Circuit (Florida Law)

Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLC
No. 23-11366, 2024 WL 1573685 (11th Cir. Apr. 11, 2024)

The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that, at the time the insured requested a defense, the law on the application of certain exclusions was unsettled, giving rise to a duty to defend.

Southern Owners Insurance Company (SOIC) sought a declaration that it owed no duty to defend its insured, MAC Contractors of Florida LLC d/b/a KJIMS Construction (KJIMS), after property owners brought a breach of contract suit against KJIMS for abandoning a construction site and leaving work unfinished and damaged.

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