District Court of Appeal of Florida

In a contract action brought by a construction company against its insurer for failure to defend and indemnify in underlying toxic mold litigation, summary judgment for the insurer based on the builder's late notice is reversed where there was a genuine issue of material fact concerning when the builder knew of the mold problems and whether it failed to timely notify the insurer.

Appellate Information

• Decided 09/27/2006
• Published 09/27/2006

Judges

• POLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Caroline Nitsche Carlson of Pivnik & Nitsche, P.A., Miami, for appellants.


• For Appellees:
  
• Jenelle E. La Chuisa of Law Offices of Clinton D. Flagg, PA, Coral Gables, for appellee Essex Insurance Company.