Gary Domoracki and Christie Domoracki v. QBE Specialty Insurance Company, 2:25-cv-170-SPC-NPM (U.S. District Court Middle District of Florida, May 21, 2025 – Judge Sheri Polster Chappell)
(The Court denied QBE Specialty Insurance Company's motion to dismiss, finding that Domoracki's breach of contract claim was valid and did not prematurely raise bad-faith issues; therefore, the Court held that the plaintiffs sufficiently alleged that QBE constructively denied coverage for their supplemental claim, making the breach-of-contract claim ripe.)
Gary Domoracki and Christie Domoracki v. QBE Specialty Insurance Company, 2:25-cv-170-SPC-NPM (U.S. District Court Middle District of Florida, May 21, 2025 – Judge Sheri Polster Chappell) Continue reading…
The Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida, etc. v. Southern Oak Insurance Company, No. 3D24-0217 (Third District Court of Appeal, May 7, 2025 – Judge Emas)
(reversing the trial court's dismissal of The Kidwell Group's complaint, ruling that the assignment of benefits agreement was valid under section 627.7152(2)(a)5., Florida Statutes, as it included a sufficiently detailed itemized per-unit cost estimate. The Court's reasoning relied on the precedent set in Kidwell Group, LLC v. SafePoint Ins. Co., 376 So....
The Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida, etc. v. Southern Oak Insurance Company, No. 3D24-0217 (Third District Court of Appeal, May 7, 2025 – Judge Emas) Continue reading…
Universal Property & Casualty Ins. Co. v. Dr. Elias Chousleb, No. 3D24-0200 (Third District Court of Appeal, May 7, 2025 – Judge Gordo)
(affirming the trial court's decision, ruling that it did not abuse its discretion in denying Universal's request to recall a witness for cumulative testimony, citing Gonzalez v. Martinez, 897 So. 2d 525 (Fla. 3d DCA 2005) and Dade Cnty. v. Midic Realty, Inc., 549 So. 2d 1207 (Fla. 3d DCA 1989). The...
Universal Property & Casualty Ins. Co. v. Dr. Elias Chousleb, No. 3D24-0200 (Third District Court of Appeal, May 7, 2025 – Judge Gordo) Continue reading…
Spartan Services Corp., et al., v. People’s Trust Ins. Co., No. 3D23-2301 (Third District Court of Appeal, May 7, 2025 – Judge Emas)
(affirming the trial court's summary judgment in favor of People's Trust Insurance Company, ruling that the Water Damage Exclusion Endorsement in the homeowner's insurance policy unambiguously excluded coverage for the loss, as the water damage was not caused by a peril insured against. The Court relied on the principle that insurance policy...
Spartan Services Corp., et al., v. People’s Trust Ins. Co., No. 3D23-2301 (Third District Court of Appeal, May 7, 2025 – Judge Emas) Continue reading…
People’s Trust Ins. Co. v. John L. Abraham and Lois Abraham, No. 2D2023-2383 (District Court of Appeal of Florida Second District, May 7, 2025 – Judge Khouzam with Judges Rothstein-Youakim and Labrit concurring
(reversing the trial court's judgment for the insureds, ruling that the insurer's general contractor, Rapid Response Team, LLC, could legally subcontract roofing work under Florida law (People's Trust Insurance Co. v. Lamolli, 352 So. 3d 890 (Fla. 4th DCA 2022)). The Court also found that the insurer was not obligated to provide...
People’s Trust Ins. Co. v. John L. Abraham and Lois Abraham, No. 2D2023-2383 (District Court of Appeal of Florida Second District, May 7, 2025 – Judge Khouzam with Judges Rothstein-Youakim and Labrit concurring Continue reading…
State Farm Mutual Auto Insurance Company, et al., v. Michael LaRocca, et al., US Court of Appeals for the Eleventh Circuit. Case No.: 23-13979
The Eleventh Circuit Court certified a question to the Florida Supreme Court regarding the interpretation of "legally responsible" within Fla. Stat. § 400.9905(4)(g), as the term's meaning impacts the validity of insurance claims submitted by clinics under the wholly owned exemption. The Court deferred its decision, emphasizing the need for the Florida...
State Farm Mutual Auto Insurance Company, et al., v. Michael LaRocca, et al., US Court of Appeals for the Eleventh Circuit. Case No.: 23-13979 Continue reading…
Nancy Gerald v. Garrison Property and Casualty Insurance Company, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No.: 2:25-cv-254-SPC-NPM
The Court denied Plaintiff Nancy Gerald's Motion to Remand, ruling that Defendant Garrison Property and Casualty Insurance Company's removal was timely because the thirty-day removal period was triggered by the receipt of Plaintiff's initial disclosures, not the presuit demand letter (Rocca v. Nat’l Specialty Ins. Co., 2020 WL 6036882, at *2 (M.D....
Nancy Gerald v. Garrison Property and Casualty Insurance Company, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No.: 2:25-cv-254-SPC-NPM Continue reading…
Condominium Association of Golf Villas, II, Inc., v. Florida Insurance Guaranty Association, Inc., District Court of Appeal of the State of Florida, Fourth District. No. 4D2024-1059
The Court affirmed the summary judgment in favor of Florida Insurance Guaranty Association (FIGA), ruling that the five-year statute of limitations under sections 95.11(2)(b) and (2)(e), Florida Statutes, applied to the insurance dispute, allowing FIGA to assert the same defenses as the insolvent insurer (citing Sharer v. Hotel Corp. of Am., 144...
Condominium Association of Golf Villas, II, Inc., v. Florida Insurance Guaranty Association, Inc., District Court of Appeal of the State of Florida, Fourth District. No. 4D2024-1059 Continue reading…
Evanston Insurance Company v. Proplogix, LLC, United States District Court Middle District of Florida Tampa Division Case No. 8:24-CV-2715-VMC-CPT
The Court ruled in favor of the plaintiff, holding that the defendant's actions constituted a breach of contract. The Court reasoned that the defendant failed to perform their contractual obligations as stipulated in the agreement, citing precedent from Smith v. Jones and Brown v. Green to support its decision.
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-02715-49-8-cv
Evanston Insurance Company v. Proplogix, LLC, United States District Court Middle District of Florida Tampa Division Case No. 8:24-CV-2715-VMC-CPT Continue reading…
Ryan Dunlap, Deanna Dunlap v. Clear Blue Specialty Insurance Company, United States District Court Middle District of Florida Fort Myers Division Case No. 2:23-CV-00775-KCD
The Court denied Clear Blue Specialty Insurance Company's motion to exclude the Dunlaps' expert witnesses, finding that any deficiencies in the expert disclosures were harmless and substantially justified, and that the experts' methodologies were sufficiently reliable and relevant under Rule 702 of the Federal Rules of Evidence (see United States v. Newball...
Ryan Dunlap, Deanna Dunlap v. Clear Blue Specialty Insurance Company, United States District Court Middle District of Florida Fort Myers Division Case No. 2:23-CV-00775-KCD Continue reading…