Tag: injury-in-fact

Eleventh Circuit Chimes in on Florida’s Trigger of Coverage DebateMay 01, 2015

The debate rages on in Florida regarding the appropriate trigger rule for progressive or latent property damage under commercial general liability (“CGL”) policies.  Recently, the Eleventh Circuit weighed in, rejecting the manifestation trigger and holding that the injury-in-fact trigger applied to determine available coverage in a construction defect case.  As a result, the court focused on when the damage actually occurred rather than when the damage was discovered.  For a…

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