Insurance Opinions Archives - Page 2 of 10

Luis Garcia v. Geico Marine Ins. Co., 8:24-cv-1609 (U.S. Middle District of Florida, Oct 2, 2025 – Judge Katherine Kimball Mizelle)

Posted on October 13, 2025

(granting summary judgment in favor of GEICO, ruling that plaintiff failed to disclose material facts—specifically his driving and claims history—when applying for marine insurance; reasoning that under the maritime doctrine of uberrimae fidei (Latin for utmost good faith), Garcia had a duty to fully and voluntarily disclose all material information, and no...

Kevin Simek and Falynn Simek f/k/a Falynn Sisk, v. Heritage Property & Casualty Ins. Co., 2D2024-2463 (Second District Court of Appeal, Oct 1, 2025 – Judge Melissa Polo)

Posted on October 13, 2025

(reversed and remanded the trial court’s decision, finding that the lower court erred in granting summary judgment for the insurer; reasoning that genuine issues of material fact remained regarding the cause and extent of the property damage under the homeowners policy, which should be resolved by a jury rather than through summary...

Universal Property & Casualty Ins. v. Calitza Diaz-Torrez, et al., 3D24-0552 (Third District Court of Appeal, Oct 1, 2025 – Judge Tanya Brinkley)

Posted on October 13, 2025

(affirming in part and reversing in part the trial court’s judgment regarding a homeowners policy, holding that the jury’s $225,000 damages award was unsupported by competent evidence and thus required remittitur; reasoning that only two admissible estimates—Universal’s and a plumbing expert’s—totaled $70,207.06, and the excluded public adjuster’s inflated estimate improperly included matching...

Direct General Ins. Co., v. Sean L. Creamer and Delvis T. Eason, 3:23-cv-380 (U.S. Middle District of Florida, Sep 30, 2025 – Judge Timothy J. Corrigan)

Posted on October 11, 2025

(granting Direct General’s request for declaratory judgment, ruling that it had no duty to defend or indemnify Sean L. Creamer in a state court lawsuit due to policy exclusions. The Court reasoned that the insurance policy clearly excluded coverage for intentional acts and criminal conduct, and Creamer’s alleged actions—assault and battery—fell squarely...

Jane Hancock, as personal representative of the Estate of Joseph N. Hancock, Appellant v. Florida Farm Bureau General Ins. Co., Appellee, 2D2024-1484 (Florida Second District Court of Appeal, Sep 19, 2025 – Judge Labrit)

Posted on October 11, 2025

(affirming the trial court’s judgment in favor of Florida Farm Bureau, holding that although the insurer acted in bad faith, the jury reasonably found that its conduct did not cause the excess judgment against its insured and found no error in the trial court’s jury instructions or verdict form.)
https://cases.justia.com/florida/second-district-court-of-appeal/2025-2d2024-1484.pdf?ts=1758294669

Progressive Express Ins. Co., v. Yvette Rivera, as personal representative of the Estate of Glady Yvette Borcela, et al., 24-cv-22876 (U.S. Southern District of Florida, Sep 16, 2025 – Judge Roy K. Altman)

Posted on October 11, 2025

(granting Progressive’s motion for partial summary judgment, holding that the fatal shooting inside an Uber vehicle did not “arise out of the ownership, maintenance, or use” of the insured auto and thus did not trigger coverage under the Period 2-3 Policy; that is, the incident lacked the necessary nexus to vehicle use...

Greg E. Lindberg v. Universal Life Ins. Co., 8:24-cv-2602 (U.S. Middle District of Florida, Sep 18, 2025 – Judge Charlene Edwards Honeywell)

Posted on October 11, 2025

(Order to Show Cause directing Lindberg to demonstrate why the case should not be dismissed for lack of subject matter jurisdiction, citing insufficient allegations regarding his domicile and the requirements for diversity jurisdiction; that is, mere residency is not enough to establish citizenship for jurisdictional purposes.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-02602-30-8-cv

Charles Glass and Diana Lapointe v. American Strategic Ins. Corp., 2:25-cv-443 (U.S. Middle District of Florida, Sep 18, 2025 – Judge Sheri Polster Chappel)

Posted on October 11, 2025

(granting the insurer’s motion to dismiss with prejudice, holding that plaintiffs’ breach of contract claim was time-barred under the one-year limitations period, which began upon the property insurer’s partial denial letter, and rejecting plaintiffs’ argument that the denial was not based on a covered loss; that is, supplemental submissions do not toll...

Kanika Ghai Declaration of Trust v. American Bankers Ins. Co. of Florida, 2:24-cv-567 (U.S. Middle District of Florida, Sep 18, 2025 – Judge Sheri Polster Chappel)

Posted on October 11, 2025

(denying American Banker’s motion to dismiss, finding that plaintiffs sufficiently alleged breach of contract under the National Flood Insurance Act; that is, plaintiffs’ claims regarding underpayment and improper denial of flood-related damages were plausible and not barred by the statute of limitations due to factual disputes about the timing and scope of...

Kyle Lee and Carol Lee v. Wright National Flood Ins. Co., 2:24-cv-216 (U.S. Middle District of Florida, Sep 18, 2025 – Judge Sheri Polster Chappel)

Posted on October 11, 2025

(granting summary judgment for the insurer, holding that plaintiffs failed to timely submit a signed proof of loss within one year of the date of loss as required by the Standard Flood Insurance Policy and rejecting plaintiffs’ equitable estoppel and constructive waiver arguments; that is, strict compliance with federal flood insurance requirements...