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)
(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...
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) Continue reading…
Accelerant Specialty Ins. Co. v. Hoberg, LLC, 25-CV-22900 (U.S. District Court Southern District of Florida, Sep 25, 2025 – Judge Altman)
(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...
Accelerant Specialty Ins. Co. v. Hoberg, LLC, 25-CV-22900 (U.S. District Court Southern District of Florida, Sep 25, 2025 – Judge Altman) Continue reading…
Katherine Martinez v. GEICO Casualty Ins. Co., 24-10641 (U.S. Court of Appeals Eleventh Circuit, Sep 23, 2025 – Judge Lagoa)
(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...
Katherine Martinez v. GEICO Casualty Ins. Co., 24-10641 (U.S. Court of Appeals Eleventh Circuit, Sep 23, 2025 – Judge Lagoa) Continue reading…
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)
(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...
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) Continue reading…
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)
(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...
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) Continue reading…
Adam Roop, as Power of Attorney for Robert and Sheena Willging v. Wright National Flood Insurance Company, 2:24-cv-00176-JLB-NPM (U.S. Middle District of Florida, Sep 12, 2025 – Judge John L. Badalamenti)
(Order granting Defendant’s Motion for Summary Judgment, finding that Plaintiff’s breach of contract claim under the Standard Flood Insurance Policy was time-barred under 42 U.S.C. § 4072, which requires suit to be filed within one year of the denial notice—and filing in state court did not toll the limitations period. The Court...
Adam Roop, as Power of Attorney for Robert and Sheena Willging v. Wright National Flood Insurance Company, 2:24-cv-00176-JLB-NPM (U.S. Middle District of Florida, Sep 12, 2025 – Judge John L. Badalamenti) Continue reading…
William Charles Fischer v. First Community Insurance Company, 2:25-cv-00005-JLB-NPM (U.S. Middle District of Florida, Sep 12, 2025 – Judge John L. Badalamenti)
(Order granting Defendant’s Motion to Dismiss, finding that Plaintiff’s lawsuit was time-barred under 42 U.S.C. § 4072, which requires flood insurance claims to be filed in federal court within one year of the denial notice. The Court emphasized that filing in state court does not toll the statute of limitations and reaffirmed...
William Charles Fischer v. First Community Insurance Company, 2:25-cv-00005-JLB-NPM (U.S. Middle District of Florida, Sep 12, 2025 – Judge John L. Badalamenti) Continue reading…
Maria Marante v. American Bankers Insurance Company of Florida, 1:24-cv-24774-BB (U.S. Southern District of Florida, Sep 10, 2025 – Judge Beth Bloom)
(Order granting Defendant’s Motion for Summary Judgment, finding that Plaintiff’s failure to timely submit a sworn Proof of Loss within 60 days of the flood event, as required by the Standard Flood Insurance Policy and federal law, barred her breach of contract claim. The Court rejected Plaintiff’s arguments of substantial compliance and...
Maria Marante v. American Bankers Insurance Company of Florida, 1:24-cv-24774-BB (U.S. Southern District of Florida, Sep 10, 2025 – Judge Beth Bloom) Continue reading…
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…