Auto Insurance
Kesler v. Progressive Select Ins. Co., 2D2025-1038 (Fla. 2nd DCA, Apr. 1, 2026- Sleet, J. (Silberman and Morris, JJ., concur)) (granting certiorari and quashing the trial court’s order compelling deposition testimony from the insured’s attorney, holding that the order improperly required disclosure of attorney‑client and work product–protected information in a first‑party bad faith action, and reasoning that merely filing a bad faith claim does not waive those privileges, that the insured’s willingness to settle is not an element she must prove, and that compelling such testimony constituted a departure from the essential requirements of law causing irreparable harm.) https://flcourts-media.flcourts.gov/content/download/2486887/opinion/Opinion_2025-1038.pdf
Commercial General Liability
Rellim Contracting LLC v. Kinsale Ins. Co., 2:25-cv-1042-SPC-NPM (M.D. Fla., Apr. 1, 2026- Polster Chappel, J.) (denying Rellim Contracting LLC’s motion to dismiss Kinsale Insurance Company’s counterclaim, allowing Kinsale’s declaratory‑judgment claim to proceed, and reasoning that a live, ripe controversy existed because Rellim sued for breach of contract, Kinsale adequately identified specific policy provisions (notice, cooperation, and voluntary payments) in dispute, and insurers are permitted to seek declaratory relief to determine coverage and compliance while defending against the insured’s claims.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-01042-42-2-cv
Homeowner’s Insurance
Cardenas, et al. v. White Pine Ins. Co., etc., 3D23-0195 (Fla. 3rd DCA, Mar. 31, 2026- Bokor, J. (Emas, J., concurring; Logue, J., concurring in result only.)) (reversing the summary judgment in favor of White Pine Insurance Company and remanding the case, holding that the trial court improperly excluded the homeowners’ expert affidavit and, as a result, erroneously found no genuine issue of material fact, and reasoning that the trial court misapplied the Daubert standard by weighing the credibility and persuasiveness of the roofer’s expert testimony—rather than assessing its threshold admissibility—despite the expert’s sufficiently explained methodology and decades of relevant experience, which were adequate to create a factual dispute for the jury.) https://flcourts-media.flcourts.gov/content/download/2486850/opinion/Opinion_2023-0195.pdf
Property Insurance
- Hypoluxo Marnier’s Cay Condominium Ass’n, Inc. v. Underwriter’s at Lloyd’s London, National Fire & Marine Ins. Co., and QBE Specialty Ins. Co., 4D2024-2250 (Fla. 4th DCA, Apr. 1, 2026- Shepherd, J. (Forst and Klingensmith, JJ., concur)) (reversing the dismissal with prejudice and remanding for further proceedings, holding that the condominium association sufficiently alleged facts that could support an equitable avoidance of the five‑year statute of limitations for its Hurricane Irma insurance claim, and reasoning that, at the pleading stage, dismissal was improper because the insurer’s alleged failure to timely make a required coverage determination and other investigative delays could have prevented the association from filing suit earlier, and the alternative argument that the statute operates as a statute of repose must be addressed by the trial court in the first instance.)
https://flcourts-media.flcourts.gov/content/download/2486920/opinion/Opinion_2024-2250.pdf - UPCIC v. Liberatore and Knoblock, 6D2024-1283 (Fla. 6th DCA, Apr. 2, 2026- Brownlee, J. (Nardella and Gannam, JJ., concur)) (affirming the final judgment in favor of the insureds and dismissing the insureds’ conditional cross‑appeal, holding that Universal failed to preserve any challenge to the jury instruction treating structural fill as part of the dwelling or a construction material and reasoning that Universal never objected in the trial court on the grounds later raised on appeal and that the instruction did not constitute fundamental error, thus precluding appellate review.)
https://flcourts-media.flcourts.gov/content/download/2487018/opinion/Opinion_2024-1283.pdf
The Fine Print:
The cases discussed are not a comprehensive list of all Florida decisions from this week. SLC may omit some, including PCAs and procedural rulings unrelated to coverage. SLC also excludes any cases in which I am or have been personally involved. These summaries are provided solely for informational purposes and do not constitute legal advice or create an attorney-client relationship. Any opinions expressed are my own and are not intended as legal guidance for any specific situation.