Fla. Appellate Court Reinstates Contractor's Claim against Essex Insurance

WEST PALM BEACH, Fla. - A Florida appellate court has reversed summary judgment awarded to Essex Insurance, holding that the issue of whether the insured building contractor provided timely notice of mold claims should be decided by the factfinder. Donovan Construction Inc., et al. v. Vacker, et al., No. 4D05-4105 (Fla. Ct. App., 4th Dist.).

The 4th District Court of Appeal reviewed Donovan Construction Inc.'s assertions as to what it knew and when, ruling Sept. 27 that the evidence 'permits different reasonable inferences....'

Donovan Construction and its principal, Thomas Donovan, filed a 3rd-party breach-of-contract complaint against Essex after the carrier …