Mondamin Wilkins v. Progressive Select Insurance Company, Case No. 8:24-cv-1793-TPB-AAS (U.S. Middle District of Florida, Aug 28, 2025 – Judge Amanda Arnold Sansone)
(Order granting in part Progressive Select Insurance Company’s Motion to Compel, holding that Progressive demonstrated a substantial need under Rule 26(b)(3)(A) and could not obtain their substantial equivalent without undue hardship. The Court reasoned that, although protected by the work product doctrine, these documents were discoverable in a statutory bad faith action...
Mondamin Wilkins v. Progressive Select Insurance Company, Case No. 8:24-cv-1793-TPB-AAS (U.S. Middle District of Florida, Aug 28, 2025 – Judge Amanda Arnold Sansone) Continue reading…
Jaimee Carleton v. First Community Insurance Company, Case No. 8:25-cv-2220-WFJ-AEP (U.S. Middle District of Florida, Aug 21, 2025 – Judge William F. Jung)
(Hurricane Scheduling Order staying all discovery and disclosure obligations pending resolution of appraisal, which the Court deemed mandatory under the insurance contract once demanded; that is, the appraisal is treated as arbitration under the Federal Arbitration Act and does not dispose of claims or defenses.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-02220-3-8-cv
Jaimee Carleton v. First Community Insurance Company, Case No. 8:25-cv-2220-WFJ-AEP (U.S. Middle District of Florida, Aug 21, 2025 – Judge William F. Jung) Continue reading…
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-02220-3-8-cv
Capitol Specialty Insurance Corporation v. Tammy Rivero, et al., Case No. 8:24-cv-2119-SDM-LSG (U.S. Middle District of Florida, Aug 20, 2025 – Judge Steven D. Merryday)
(dismissing Capitol Specialty’s declaratory judgment action for failure to join indispensable parties under Rule 19, holding that the certified class members—whose rights would be directly affected by the outcome—must be joined, and their inclusion would destroy diversity jurisdiction; that is, tort claimants are indispensable in disputes between an insurer and its insured...
Capitol Specialty Insurance Corporation v. Tammy Rivero, et al., Case No. 8:24-cv-2119-SDM-LSG (U.S. Middle District of Florida, Aug 20, 2025 – Judge Steven D. Merryday) Continue reading…
Shahriar Anoushfar v. Lexington Insurance Company, Case No. 2:23-cv-1003-SPC-NPM (U.S. Middle District of Florida, Aug 20, 2025 – Judge Sheri Polster Chappel)
(Order granting Lexington’s Motion for Judgment on the Pleadings, holding that Plaintiff’s first-party bad faith claim under Fla. Stat. § 624.155 was time-barred by the four-year statute of limitations; that is, the claim accrued upon the appraisal award, making the filing outside the limitations period.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2023-01003-72-2-cv
Shahriar Anoushfar v. Lexington Insurance Company, Case No. 2:23-cv-1003-SPC-NPM (U.S. Middle District of Florida, Aug 20, 2025 – Judge Sheri Polster Chappel) Continue reading…
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2023-01003-72-2-cv
Prime Insurance Company v. Medicab Transportation, LLC et al, Case No. 2:24-cv-00421-SPC-KCD (U.S. District Court Middle District of Florida, Fort Myers Division, August 15, 2025 – Judge Polster Chappell)
Granting Claims Direct Access’ motion to dismiss, in a declaratory judgment suit under a commercial liability policy, because Medicab defendants failed to timely join Claims Direct Access as a party and did not show good cause under Fed. R. Civ. P. 16(b)(4), despite having prior knowledge of Claims Direct Access’ involvement (See...
Prime Insurance Company v. Medicab Transportation, LLC et al, Case No. 2:24-cv-00421-SPC-KCD (U.S. District Court Middle District of Florida, Fort Myers Division, August 15, 2025 – Judge Polster Chappell) Continue reading…
The Prudential Insurance Company of America v. Gardina et al, Case No. 6:23-cv-01125-JSS-DCI (U.S. District Court Middle District of Florida, Orlando Division, August 8, 2025 – Judge Sneed)
Denying Prudential Insurance Company's motion for declaratory judgment, finding no justiciable controversy or injury in fact sufficient to confer standing under Article III, as required by cases such as Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61 (1992), and Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1346–47 (11th Cir....
The Prudential Insurance Company of America v. Gardina et al, Case No. 6:23-cv-01125-JSS-DCI (U.S. District Court Middle District of Florida, Orlando Division, August 8, 2025 – Judge Sneed) Continue reading…
The Prudential Insurance Company of America v. Carol Gardina and George Gardina, 6:23-cv-1125 (U.S. Middle District of Florida, Aug 8, 2025 – Judge Julie S. Sneed)
(Order denying defendants’ renewed motion for judgment as a matter of law and move for a new trial involving two long-term care insurance policies issued by plaintiff, the court found it cannot conclude the jury’s determination that defendants engaged in recurrent fraudulent misrepresentations and concealments plaintiff relied on in continuing to pay...
The Prudential Insurance Company of America v. Carol Gardina and George Gardina, 6:23-cv-1125 (U.S. Middle District of Florida, Aug 8, 2025 – Judge Julie S. Sneed) Continue reading…
Wheeler v. The Standard Fire Ins. Co., Case No. 2:25-CV-00623-SPC-NPM (U.S. District Court Middle District of Florida, Fort Myers Division, July 31, 2025 – Judge Polster Chappell)
Remanded the case to state court because the defendant, The Standard Fire Insurance Company, failed to establish diversity jurisdiction by not adequately proving its principal place of business, a requirement for determining corporate citizenship under 28 U.S.C. § 1332(a). Citing Hertz Corp. v. Friend, 559 U.S. 77, 97 (2010), and Wylie v....
Wheeler v. The Standard Fire Ins. Co., Case No. 2:25-CV-00623-SPC-NPM (U.S. District Court Middle District of Florida, Fort Myers Division, July 31, 2025 – Judge Polster Chappell) Continue reading…
MONY Life Ins. Co. v. Bernard R. Perez, Case No. 23-10770 (U.S. Court of Appeals Eleventh Circuit, July 23, 2025 – Judge Marcus)
Vacating the jury’s verdict in favor of MONY Life on its unjust enrichment claim, holding that under Florida law, such a claim cannot proceed when an express contract governs the same subject matter (see Diamond “S” Dev. Corp. v. Mercantile Bank, 989 So. 2d 696, 697 (Fla. 1st DCA 2008); Global Network...
MONY Life Ins. Co. v. Bernard R. Perez, Case No. 23-10770 (U.S. Court of Appeals Eleventh Circuit, July 23, 2025 – Judge Marcus) Continue reading…
Central Baptist Church of Albany Georgia Inc v. Church Mutual Ins. Co., Case No. 22-11082 (U.S. Court of Appeals Eleventh Circuit, July 21, 2025 – Judge Moreno)
Affirming the district court’s judgment in favor of Central Baptist Church, holding that the insurer, Church Mutual, waived its misrepresentation defense by expressly withdrawing it at trial and failing to object to its exclusion (see Glass v. United of Omaha Life Ins. Co., 33 F.3d 1341, 1347 (11th Cir. 1994)). The Court...
Central Baptist Church of Albany Georgia Inc v. Church Mutual Ins. Co., Case No. 22-11082 (U.S. Court of Appeals Eleventh Circuit, July 21, 2025 – Judge Moreno) Continue reading…