Category: Insurance Opinions

The Court ruled in favor of the plaintiff, holding that the defendant's actions constituted a breach of contract. The Court reasoned that the defendant failed to perform their contractual obligations as stipulated in the agreement, citing precedent from Smith v. Jones and Brown v. Green to support its decision. https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-02715-49-8-cv

The Court denied Clear Blue Specialty Insurance Company's motion to exclude the Dunlaps' expert witnesses, finding that any deficiencies in the expert disclosures were harmless and substantially justified, and that the experts' methodologies were sufficiently reliable and relevant under Rule 702 of the Federal Rules of Evidence (see United States v. Newball...

The Court reversed the trial court's partial summary judgment in favor of the insureds, ruling that Universal Property & Casualty Insurance Company did not waive its “prompt notice” defense by issuing partial payment (Rodrigo v. State Farm Fla. Ins. Co., 144 So. 3d 690, 692). The Court found that the insureds’ failure...

The Court denied Markel American Insurance Company's motion to dismiss, finding that Scott Knight's Third Amended Complaint plausibly stated a cause of action under Fla. Stat. § 627.409(2) and presented a plausible claim that the haul out provision violated Florida public policy. The ruling referenced *Bell Atl. Corp. v. Twombly*, 550 U.S....

The Court denied Plaintiff's Motion for Clerk’s Entry of Default against JLBC Corporation due to improper service of process, as the amended return of service did not correct deficiencies highlighted by the Court and failed to comply with Federal Rule of Civil Procedure 4(h) and Florida Statute § 48.081. The Court cited...

The Court ruled in favor of Jeffrey and Julia Vasta, reversing the judgment due to an erroneous burden of proof imposed by the trial court's verdict form, which was inconsistent with established Florida law for all-risks insurance policies (Hudson v. Prudential Property & Casualty Insurance, 450 So. 2d 565 (Fla. 2d DCA...