Insurance Opinions Archives - Page 3 of 10

Michael Haslam, Wendy Samz v. Monarch National Ins. Co., 2:24-cv-918 (U.S. Middle District of Florida, Sep 17, 2025 – Judge Kyle. C. Dudek)

Posted on October 11, 2025

(granting in part Monarch’s motion to dismiss, holding that plaintiffs’ contractual claims for attorney fees were barred under the National Flood Insurance Act’s one-year statute of limitations; however, declining to dismiss the entire case because Monarch failed to establish from the face of the pleadings that the claims were untimely.
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-00918-47-2-cv

Claudia Miyar, LLC v. Wright National Flood Ins. Co., 2:25-cv-401 (U.S. Middle District of Florida, Sep 16, 2025 – Judge Sheri Polster Chappel)

Posted on October 11, 2025

(granting Wright National’s motion to dismiss with prejudice, finding that plaintiff’s breach of contract claim was time-barred under the one-year limitations period, which began upon mailing of the partial denial letter that clearly disallowed coverage for specific items; and rejecting plaintiff’s argument that supplemental claims extended the filing window.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00401-27-2-cv

Abira Medical Laboratories, LLC v. Blue Cross Blue Shield of Florida, Inc., 3:23-cv-1092 (U.S. Middle District of Florida, Sep 15, 2025 – Judge Timothy J. Corrigan)

Posted on October 11, 2025

(granting Blue Cross’s motion to dismiss with prejudice, finding that Abira’s amended complaint failed to allege sufficient facts to support any viable legal theory, including under ERISA, and did not meet the pleading standards; that is, Abira’s claims were conclusory and lacked specific details about the insurance plans, benefits, or exhaustion of...

Sunnydell Plaza, LLC v. Westchester Surplus Lines Ins. Co., 2:25-cv-244 (U.S. Middle District of Florida, Sep 16, 2025 – Judge Kyle C. Dudek)

Posted on October 11, 2025

(ordering Westchester to supplement its Notice of Removal, finding that it failed to establish subject-matter jurisdiction because the appraisal award had already been paid and the business interruption claim lacked sufficient evidence to support the amount in controversy; that is, removal statutes are strictly construed and any doubts must be resolved in...

Stabil Concrete Pavers, LLC v. Allied Property & Casualty Ins. Co., 8:25-cv-106 (U.S. Middle District of Florida, Sep 16, 2025 – Judge Mary S. Scriven)

Posted on October 11, 2025

(denying Allied Property’s motion to dismiss the breach of contract claim (Count II), finding that the insurer’s duty to defend could be evaluated independently of a final coverage determination, although granting the motion to dismiss the bad faith claim (Count III) without prejudice, holding that such claims are premature until the underlying...

Progressive Express Ins. Co. v. CPI Trucking & Logistics, LLC, et al., 1: 22-cv-22360-KMW (U.S. Southern District of Florida, Sep 8, 2025 – Judge Kathleen M. Williams)

Posted on October 11, 2025

(Order granting in part Plaintiff’s Motion for Final Summary Judgment/Motion for Default Judgment, holding that plaintiff has no duty to defend or indemnify Defendants under the auto insurance policy. The Court denied plaintiff’s motion to the extent Progressive sought a declaration that the MCS-90 Endorsement does not apply, explaining that the endorsement—designed...

Accelerant Specialty Ins. Co. v. Hoberg, LLC, 25-CV-22900 (U.S. District Court Southern District of Florida, Sep 25, 2025 – Judge Altman)

Posted on October 2, 2025

(Granting Accelerant's motion for final default judgment, finding that the Hoberg LLC failed to respond and that the complaint sufficiently alleged claims for declaratory relief under 28 U.S.C. § 2201, including lack of coverage, breach of warranty, late notice, and violation of the duty of utmost good faith; that is, the marine...

Katherine Martinez v. GEICO Casualty Ins. Co., 24-10641 (U.S. Court of Appeals Eleventh Circuit, Sep 23, 2025 – Judge Lagoa)

Posted on October 2, 2025

(Affirming the district court’s summary judgment in favor of GEICO, holding that no reasonable jury could infer from the totality of the circumstances that GEICO acted in bad faith. The court’s conclusion that GEICO’s conduct in investigating the claim, initiating settlement negotiations, and refusing to settle for above the auto policy limit...

Michael Agostino, et al. v. Monarch National Ins. Co., 2:24-CV-957-KCD-DNF (U.S. District Court Middle District of Florida, Sep 22, 2025 – Judge Polster Chappell)

Posted on October 2, 2025

(Granting and denying in part Monarch's motion to dismiss, ruling that while Plaintiffs' claims for attorney’s fees and a jury trial must be stricken under the National Flood Insurance Act, the breach of contract claim could not be dismissed because Monarch improperly relied on extrinsic evidence contrary to Rule 12(b)(6) to argue...

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...