Insurance Opinions Archives - Sylvester Law Center

Kenneth Erickson v. Evanston Insurance Company, 2:24-cv-30-JLB-KCD (U.S. Middle District of Florida, Sep 12, 2025 – Judge John L. Badalamenti)

Posted on September 23, 2025

(Order granting in part Defendant’s Motion for Partial Summary Judgment, holding that the homeowner’s insurance policy explicitly excludes coverage for flood and storm surge damage and enforces a $10,000 sublimit for covered water damage, thereby precluding further recovery by the plaintiff for such damages. The Court also denied the plaintiff’s motion, finding...

Adam Roop, as Power of Attorney for Robert and Sheena Willging v. Wright National Flood Insurance Company, 2:24-cv-00176-JLB-NPM (U.S. Middle District of Florida, Sep 12, 2025 – Judge John L. Badalamenti)

Posted on September 23, 2025

(Order granting Defendant’s Motion for Summary Judgment, finding that Plaintiff’s breach of contract claim under the Standard Flood Insurance Policy was time-barred under 42 U.S.C. § 4072, which requires suit to be filed within one year of the denial notice—and filing in state court did not toll the limitations period. The Court...

William Charles Fischer v. First Community Insurance Company, 2:25-cv-00005-JLB-NPM (U.S. Middle District of Florida, Sep 12, 2025 – Judge John L. Badalamenti)

Posted on September 23, 2025

(Order granting Defendant’s Motion to Dismiss, finding that Plaintiff’s lawsuit was time-barred under 42 U.S.C. § 4072, which requires flood insurance claims to be filed in federal court within one year of the denial notice. The Court emphasized that filing in state court does not toll the statute of limitations and reaffirmed...

Maria Marante v. American Bankers Insurance Company of Florida, 1:24-cv-24774-BB (U.S. Southern District of Florida, Sep 10, 2025 – Judge Beth Bloom)

Posted on September 23, 2025

(Order granting Defendant’s Motion for Summary Judgment, finding that Plaintiff’s failure to timely submit a sworn Proof of Loss within 60 days of the flood event, as required by the Standard Flood Insurance Policy and federal law, barred her breach of contract claim. The Court rejected Plaintiff’s arguments of substantial compliance and...

Joseph J. Luzinski, et al., v. Coverys Specialty Insurance Group, 8:25-cv-1646-KKM-SPF (U.S. Middle District of Florida, Sep 2, 2025 – Judge Kathryn Kimball Mizelle)

Posted on September 10, 2025

(Order granting the plaintiffs’ motion to remand finding that Coverys’s removal of the bad-faith insurance action was untimely under 28 U.S.C. § 1446(b); that is, although diversity jurisdiction existed, the removal occurred more than one year after the commencement of the state court action, and no equitable exception applied.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-01646-25-8-cv

Great Lakes Insurance SE v. Ming & Kwang Development Corporation, 2:24-cv-00451-JLB-KCD (U.S. Middle District of Florida, Sep 2, 2025 – Judge John L. Badalamenti)

Posted on September 10, 2025

(Order granting Ming & Kwang’s motion for summary judgment and denying Great Lakes Insurance SE’s cross-motion, concluding that the insurer’s request for a declaratory judgment regarding appraisal procedures was not justiciable because the appraisal process had already been agreed upon and initiated; that is, declaratory relief is inappropriate when it would not...

John Green and Deanna Green v. The Cincinnati Insurance Company, Case No. 2:25-cv-431-JES-NPM (U.S. Middle District of Florida, Aug 25, 2025 – Judge Nicholas P. Mizell)

Posted on September 6, 2025

(Order denying Plaintiff’s Motion to Compel Appraisal, holding that the insurance policy’s appraisal provision requires mutual consent, which was not obtained. The Court emphasized that plaintiffs ignored this mutuality requirement and cited inapplicable case law, whereas relevant precedent supports the defendant’s position.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00431-22-2-cv

Brian Holcomb and Helen Holcomb v. Safety Specialty Insurance Company, Case No. 2:24-cv-0181-JES-NPM (U.S. Middle District of Florida, Aug 27, 2025 – Judge John E. Steele)

Posted on September 6, 2025

(Order denying both parties’ Motions for Summary Judgment Expert, finding a genuine issue of material fact as to whether the total loss of plaintiffs’ property was caused by wind, flood, or a combination of both, which must be resolved by a jury. The Court emphasized that summary judgment is inappropriate where reasonable...

Pruco Life Insurance Company v. Sandra Howen, et al., Case No. 2:23-cv-54-SPC-NPM (U.S. Middle District of Florida, Aug 27, 2025 – Judge Nicholas P. Mizell)

Posted on September 6, 2025

(Order granting attorney’s fees to Marlene Twentier, finding that defendants Sandra and Lisa Howen acted in bad faith by making false statements in their filings and later contradicting them in depositions. The Court exercised its equitable power under 28 U.S.C. § 2202 to award fees, emphasizing the Howens’ misconduct surrounding the Change...

Genworth Life and Annuity Insurance Company v. Linda Terese Gettemy, et al., Case No. 2:25-cv-194-SPC-KCD (U.S. Middle District of Florida, Aug 29, 2025 – Judge Sheri Polster Chappell)

Posted on September 6, 2025

(Order granting Genworth Life and Annuity Insurance Company’s Unopposed Motion for Interpleader Relief and Final Judgment of Discharge, holding that because Genworth had no claim to the insurance policy proceeds and had deposited the funds with the Court, it was entitled to be discharged from the case with prejudice. Citing the principle...