The Court denied ASI’s motion to dismiss, ruling that ASI’s prolonged inaction on Kratofil’s flood insurance claim created a ripe controversy for adjudication, citing Sanz v. U.S. Sec. Ins. Co., 328 F.3d 1314, 1319–20 (11th Cir. 2003) and Kennedy v. Floridian Hotel, Inc., 998 F.3d 1221, 1230 (11th Cir. 2021). The Court emphasized that ASI’s failure to issue a denial or payment for over two years constituted extreme and egregious conduct, making the case fit for judicial review.
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-01163-24-2-cv