United States Fidelity & Guaranty Co. v. American Fire & Indemnity Co.

COWART, Judge.

This case involves a question of whether section 627.426(2), Florida Statutes, creates coverage under an expired liability insurance policy where the issuing insurance company did not comply with the provisions of that statute.

Appellant United States Fidelity and Guaranty Company (USF & G) issued to appellee Adolf Construction Company a “claims-made” contractor’s comprehensive liability insurance policy. This policy provided coverage “if the negligent or omitted act is discovered or brought to the attention of the insurer within the policy term.” The policy term here was…