Matthew Simmons, et al. v. USI Insurance Services, LLC, et al. (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-201-TPB-AAS
The Court denied Defendants' motion for judgment as a matter of law or a new trial, finding sufficient evidence to support the jury's verdict on USI's claims for breach of contract, breach of fiduciary duty, and tortious interference (Pickett v. Tyson Fresh Meats, Inc., 420 F.3d 1272, 1278 (11th Cir. 2005)). The...
Matthew Simmons, et al. v. USI Insurance Services, LLC, et al. (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-201-TPB-AAS Continue reading…
Randy Willoughby v. Government Employees Insurance Company (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-1260-KKM-NHA
The Court granted in part and denied in part GEICO's motion for summary judgment on Randy Willoughby's bad-faith insurance claim, ruling that GEICO acted in bad faith by failing to offer to pay Willoughby's claimed property damages during the 2015 negotiations and by failing to agree to pay taxable costs after the...
Randy Willoughby v. Government Employees Insurance Company (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-1260-KKM-NHA Continue reading…
Lynda M. Mercer, and Howard C. Mercer v. American Bankers Insurance Company of Florida (United States District Court Middle District of Florida Fort Myers Division) Case No: 2:24-cv-882-JES-NPM
The Court dismissed the Plaintiffs' Complaint as time-barred, ruling that the lawsuit was filed beyond the one-year limitations period set forth in the Standard Flood Insurance Policy and 42 U.S.C. § 4072, which began with the partial denial of the claim on January 11, 2023 (McInnis v. Liberty Mut. Fire Ins. Co.,...
Lynda M. Mercer, and Howard C. Mercer v. American Bankers Insurance Company of Florida (United States District Court Middle District of Florida Fort Myers Division) Case No: 2:24-cv-882-JES-NPM Continue reading…
The Prudential Insurance Company of America v. Carol Gardina and George Gardina. United States District Court Middle District of Florida Orlando Division. Case No: 6:23-cv-1125-JSS-DCI
The Court denied the defendants' motion for reconsideration of the order denying their motion for summary judgment, finding that there was a genuine dispute of material fact regarding the plaintiff's exercise of due diligence in discovering the alleged fraud. The Court's reasoning relied on the delayed discovery rule under Fla. Stat. §...
The Prudential Insurance Company of America v. Carol Gardina and George Gardina. United States District Court Middle District of Florida Orlando Division. Case No: 6:23-cv-1125-JSS-DCI Continue reading…
Publix Super Markets, Inc. v. Ace Property and Casualty Insurance Co., et al. United States District Court Middle District of Florida Tampa Division. Case No: 8:22-cv-2569-CEH-AEP
The Court granted Publix Super Markets, Inc.'s renewed unopposed motion for final judgment, finding that the opioid lawsuits do not allege damages "because of bodily injury" under Florida law, thus no coverage is provided under the insurance policies. The Court's reasoning relied on the policy language and the precedent set in Gelboim...
Publix Super Markets, Inc. v. Ace Property and Casualty Insurance Co., et al. United States District Court Middle District of Florida Tampa Division. Case No: 8:22-cv-2569-CEH-AEP Continue reading…
Anytime Restoration Services of Florida, Inc., v. Citizens Property Ins., Corp., Case No. 3D23-1258 (U.S. Middle District Court of Florida, February 26, 2025 – Judge J. Gordo)
(Court reversed and remanded judgment for Citizens, finding after review of evidence that services performed and invoiced by Defendant under “Coverage A – Dwelling” where fence was indeed attached to dwelling should be covered as such and not under “Coverage B – Other Structures,” which is not insured; that is, “Summary judgment...
Anytime Restoration Services of Florida, Inc., v. Citizens Property Ins., Corp., Case No. 3D23-1258 (U.S. Middle District Court of Florida, February 26, 2025 – Judge J. Gordo) Continue reading…
Universal Property & Casualty Insurance Co. v. Brilus, et al., Case No. 4D2023-2878 (Florida Fourth District Court of Appeal, Feb 19, 2025 – Judge Michael A. Robinson)
(Court reversed and remanded final judgment for $165,668.77 for water leak repairs and directing trial court to issue a remittitur of damages to $96,150, finding that “the only competent evidence of damages was supplied by the insureds’ expert that the costs of repairs was $96,150” and “sworn proof of loss is not...
Universal Property & Casualty Insurance Co. v. Brilus, et al., Case No. 4D2023-2878 (Florida Fourth District Court of Appeal, Feb 19, 2025 – Judge Michael A. Robinson) Continue reading…
State Farm Mutual Automobile Insurance Co., et al, v. At Home Auto Glass LLC., et al, Case No. 8:21-CV-239-TPB-AEP(Middle District Court of Florida , Feb 6, 2025 – Judge Tom Barber)
(The court denied plaintiff’s motion for reconsideration of the court’s order on cross-motions for summary judgment, wherein plaintiff ceased payments to defendant for “unlawful solicitation and contracting with State Farm’s insureds”; the court finding in favor of defendant for having provided “value in exchange for the benefit received.”)
209 West Olympia, LLC v. Westchester Surplus Lines Insurance Co., Case No. 2:24-CV-237-JLB-KCD(Middle District Court of Florida, Feb 3, 2025 – Judge Kyle C. Dudek)
(The court has denied plaintiff’s motion for a clerk’s default under Fed. R. Civ. P. 55(a) when defendant has appeared in court to defend by enforcing alleged settlement agreement, finding that such a default is viewed unfavorably by the courts; that is, “the rule does not contemplate the entry of default only upon a defendant’s failure to answer but rather upon a defendant’s failure to respond or defend against the allegations in complaint.”)
Liberty Mutual Insurance Co. v. Robert A. Lee, ASCO Services, Inc., et al, Case No. 6D2023-2377(Sixth District Court of Appeal of Florida, Feb 7, 2025 – Judge Keith R. Kyle)
(Court reversed and remanded final judgment for defendant in response plaintiff’s appeal to consider only benefits given up to the date of settlement, finding that Liberty Mutual was entitled to full reimbursement from defendant under Florida Statutes 440.39(3)(a), which does not specify timing and clauses that are affected by agreed settlement dates but that “the carrier shall recover a percentage of what it has paid”; that is, “the statute requires Liberty Mutual’s pro rata share to be determined based on the full amount of “benefits paid or to be paid.”)