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…
Ryan Dunlap et al., v. Clear Blue Specialty Insurance Company, 2:25-cv-775-KCD (U.S. District Court Middle District of Florida, May 30, 2025, Judge Kyle C. Dudek)
(Defendant denied claim Plaintiff made for storm insurance and answered with a law suit; alleging a breach of contract; Defendant now moves for summary judgement and Defendant’s motion is denied under 849 F.3d 1022, 1027 “movant shows that there is no genuine dispute as to any material fact and the movant is...
Ryan Dunlap et al., v. Clear Blue Specialty Insurance Company, 2:25-cv-775-KCD (U.S. District Court Middle District of Florida, May 30, 2025, Judge Kyle C. Dudek) Continue reading…
Bahama Club, Inc. v. Hartford Insurance Company of the Midwest, 2:25-cv-209-SPC-NPM (U.S. District Court Middle District of Florida, May 22, 2025, Judge Sheri Polster Chappell)
(The Court dismissed seven of Bahama Club, Inc.'s breach-of-contract claims as time-barred under 42 U.S.C. § 4072, finding that the denial letters issued by Hartford Insurance between March and June 2023 triggered the one-year statute of limitations, and also dismissed the declaratory relief claim requiring Bahama Club to amend its complaint to...
Bahama Club, Inc. v. Hartford Insurance Company of the Midwest, 2:25-cv-209-SPC-NPM (U.S. District Court Middle District of Florida, May 22, 2025, Judge Sheri Polster Chappell) Continue reading…
Gary Domoracki and Christie Domoracki v. QBE Specialty Insurance Company, 2:25-cv-170-SPC-NPM (U.S. District Court Middle District of Florida, May 21, 2025 – Judge Sheri Polster Chappell)
(The Court denied QBE Specialty Insurance Company's motion to dismiss, finding that Domoracki's breach of contract claim was valid and did not prematurely raise bad-faith issues; therefore, the Court held that the plaintiffs sufficiently alleged that QBE constructively denied coverage for their supplemental claim, making the breach-of-contract claim ripe.)
Gary Domoracki and Christie Domoracki v. QBE Specialty Insurance Company, 2:25-cv-170-SPC-NPM (U.S. District Court Middle District of Florida, May 21, 2025 – Judge Sheri Polster Chappell) Continue reading…