Pauly et al v. Hartford Ins. Co. of the Midwest, 2:24-cv-00874-SPC-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Judge Polster Chappell)
Denying Plaintiffs’ Rule 60 Motion for Reconsideration, reaffirming that replacement cost value (RCV) damages cannot be recovered unless the insured has actually incurred replacement costs, aligning with Universal Prop. & Cas. Ins. v. Qureshi, 396 So. 3d 564 (Fla. Dist. Ct. App. 2024) and Ceballo v. Citizens Prop. Ins., 967 So. 2d...
Pauly et al v. Hartford Ins. Co. of the Midwest, 2:24-cv-00874-SPC-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Judge Polster Chappell) Continue reading…
Lekse et al v. Allstate Ins. Co., 2:24-cv-00824-JES-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Senior Judge Steele)
Granting Allstate's motion for summary judgment, ruling that the plaintiffs' lawsuit was barred by the one-year statute of limitations under 42 U.S.C. § 4072 and 44 C.F.R. Pt. 61, App. A(1), Art. VII(O), because they filed suit five days after the deadline following Allstate’s partial denial of their flood insurance claim on...
Lekse et al v. Allstate Ins. Co., 2:24-cv-00824-JES-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Senior Judge Steele) Continue reading…
Lemon et al v. Hartford Ins. Co. of the Midwest, 2:23-cv-01140-JLB-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Judge Badalamenti)
Granting in part and denied in part Hartford Insurance’s motion for summary judgment, ruling that the plaintiffs, Michael and Daryl Lemon, are limited to recovering actual cash value (ACV) under their policy and not entitled to replacement cost value (RCV), matching costs, pre-existing damage, or Ordinance or Law-related expenses, because they had...
Lemon et al v. Hartford Ins. Co. of the Midwest, 2:23-cv-01140-JLB-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Judge Badalamenti) Continue reading…
Zozo Investments LLC et al v. First Community Ins. Co., 2:24-cv-00939-JLB-KCD (U.S. District Court Middle District of Florida Fort Myers Division, June 25, 2025 – Judge Badalamenti)
Ruling that the plaintiffs' breach of contract claim was time-barred under 42 U.S.C. § 4072 because they filed suit more than one year after the defendant mailed the first denial letter on March 13, 2023. The Court rejected the plaintiffs' argument that the statute of limitations was triggered by a later denial...
Zozo Investments LLC et al v. First Community Ins. Co., 2:24-cv-00939-JLB-KCD (U.S. District Court Middle District of Florida Fort Myers Division, June 25, 2025 – Judge Badalamenti) Continue reading…
Gene Chambers v. Progressive Select Ins. Co., Case No. 24-CV-141-JSS-DCI (US District Court Middle District of Florida Orlando Division, June 12, 2025 – Judge Sneed)
(granting Progressive's motion for judgment on the pleadings, ruling that the plaintiff's bad faith claim was barred by Florida Statute § 624.155(4)(a) because the defendant tendered the policy limits within ninety days of receiving notice of the claim. The Court cited Oxonian v. GEICO Gen. Ins. Co. and Dial v. GEICO Gen....
Gene Chambers v. Progressive Select Ins. Co., Case No. 24-CV-141-JSS-DCI (US District Court Middle District of Florida Orlando Division, June 12, 2025 – Judge Sneed) Continue reading…
Robert E. Pauly et al. v. Hartford Ins. Co. of the Midwest, Case No. 24-CV-874-SPC-NPM (US District Court Middle District of Florida Fort Myers Division, June 13, 2025 – Judge Polster Chappell)
(ruling that Plaintiffs' damages are limited to actual cash value (ACV) unless repairs are completed, citing Universal Prop. & Cas. Ins. v. Qureshi and Ceballo v. Citizens Prop. Ins.. The Court found Qureshi more persuasive than Tio, which held that an insurer's liability for replacement cost does not arise until repairs are...
Robert E. Pauly et al. v. Hartford Ins. Co. of the Midwest, Case No. 24-CV-874-SPC-NPM (US District Court Middle District of Florida Fort Myers Division, June 13, 2025 – Judge Polster Chappell) Continue reading…
Herc Rentals, Inc. v. ACE American Ins. Co., Case No. 24-CV-885-JES-NPM (US District Court Middle District of Florida Fort Myers Division, June 13, 2025 – Senior Judge Steele)
(denying ACE American Insurance Co.'s motion for reconsideration, ruling that Herc Rentals, Inc.'s bad faith claim was ripe because ACE's settlement of the Robb lawsuit established liability and the extent of damages under Herc's policy, citing Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So. 2d 1289 (Fla. 1991) and Vest...
Herc Rentals, Inc. v. ACE American Ins. Co., Case No. 24-CV-885-JES-NPM (US District Court Middle District of Florida Fort Myers Division, June 13, 2025 – Senior Judge Steele) Continue reading…
Ronald Zabriskie v. First Protective Ins. Co. d/b/a Frontline Ins. Co., Case No. 5D2024-1072 (Fifth District Court of Appeal, June 13, 2025 – Judge Lambert with Judges Edwards and Makar concurring)
(reversing the trial court's dismissal of Ronald Zabriskie's third amended complaint for breach of contract against First Protective Insurance Company, finding that the complaint sufficiently pleaded a cause of action under Florida Rule of Civil Procedure 1.110(b) by alleging the necessary elements of a valid contract, material breach, and damages (Murciano v....
Ronald Zabriskie v. First Protective Ins. Co. d/b/a Frontline Ins. Co., Case No. 5D2024-1072 (Fifth District Court of Appeal, June 13, 2025 – Judge Lambert with Judges Edwards and Makar concurring) Continue reading…
Mark Angelo Deliso v. State Farm Mutual Automobile Insurance Company, 8:25-cv-1152-KKM-LSG (U.S. District Court Middle District of Florida, June 4, 2025, Judge Kathryn Kimball Mizelle)
(Plaintiff’s motion to remand and show cause is denied as Plaintiff succeeded in following proper action removal procedure for underinsured motorist benefits; Defendant also proved amount to be below $75,000; Defendant however, must provide additional documentation to prove Plaintiff’s citizenship before continuing case in federal court.)
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Taters Concrete Pump Service, LLC, v. Southern-Owners Insurance Company, 8:24-cv-02197-MSS-SPF (U.S. District Court Middle District of Florida, May 30, 2025, Judge Mary S. Scriven)
(Defendant’s motion to realign parties is granted but motion to dismiss for failure to join a “necessary and indispensable party,” is denied as moot; The motion to dismiss was deemed irrelevant since Plaintiff did file a response to the motion and the Plaintiff was not required to join with the party in...
Taters Concrete Pump Service, LLC, v. Southern-Owners Insurance Company, 8:24-cv-02197-MSS-SPF (U.S. District Court Middle District of Florida, May 30, 2025, Judge Mary S. Scriven) Continue reading…