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)
(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
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) Continue reading…
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)
(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...
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) Continue reading…
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)
(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
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) Continue reading…
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)
(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...
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) Continue reading…
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)
(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...
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) Continue reading…
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)
(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...
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) Continue reading…
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