Florida Bar – Advanced Construction Law Institute 2026
JW Marriott Grande Lakes4040 Central Florida Pkwy, Orlando, FL
Measure Once, Cuss Twice: Navigating Insurance Coverage for Construction Defect Claims
Friday, March 6 – 10:05AM -11:05AM
Kelly A. Johnson, Saxe Doernberger & Vita, P.C.
Lauren Kerr, Cogburn Legal
Through a chronological overview of a sample construction defect matter in Florida, this presentation will discuss important coverage concerns at each stage in the 558 process and through suit. Kelly and Lauren will discuss tendering the claim to carriers, triggers for coverage to insureds and additional insureds, and the difference between an insurer’s duty to defend vs. indemnify. Additionally, the presentation will include direction for plaintiffs on successful pleading into coverage and pitfalls to avoid. Kelly and Lauren both represent insureds in pursuing coverage from carriers.