Commercial General Liability
The Cincinnati Ins. Co. v. Monogram Builders, Inc., et al., No. 8:26-cv-2298-TPB-LSG (M.D. of Fla. October 20, 2026 – Barber, D.J.) (granting the motions to dismiss filed by FCCI Insurance Company and Admiral Insurance Company and dismissing with prejudice The Cincinnati Insurance Company’s claims for declaratory relief and equitable subrogation, because Monogram Builders, Inc. was not entitled to additional-insured coverage under the subcontractors’ policies based on the allegations in the underlying construction-defect lawsuit, and reasoning that the underlying complaint alleged only Monogram Builders, Inc.’s own negligence, contractual breaches, and supervisory failures, rather than liability arising from or caused by the subcontractors’ negligence, and therefore the additional-insured endorsements issued by FCCI Insurance Company and Admiral Insurance Company were not triggered; because coverage did not exist, the related equitable subrogation claims also failed, and amendment would be futile). https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2026-02298-39-8-cv
Homeowners Property Insurance
Universal Prop & Casualty Ins. Co. v. Hughes, No. SC2024-0025 (Fla. Oct. 22, 2026 – Couriel, C.J.) (holding that section 627.70152’s presuit notice requirement does not apply retroactively to lawsuits arising from insurance policies issued before the statute’s July 1, 2021 effective date, and therefore approved the Sixth District’s decision in favor of Rebecca Hughes while disapproving the Fourth District’s contrary decision in Cole v. Universal Property & Casualty Insurance Co., and reasoning that Florida’s retroactivity test requires a clear legislative expression of retroactive intent, and nothing in the statute’s text provides such a command; moreover, the statute substantively alters the rights and obligations of insureds and insurers by imposing presuit notice requirements, delaying suit, creating dismissal consequences, and providing insurers additional opportunities to resolve claims). https://flcourts-media.flcourts.gov/content/download/2497129/opinion/Opinion_SC2024-0025.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.
#InsuranceCoverage #FloridaInsurance #InsuranceLaw