Scott P. Knight, as trustee of Knight Living Trust, a Florida Trust v. Markel American Insurance Company. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No.: 2:24-cv-592-JES-NPM
The Court denied Markel American Insurance Company's motion to dismiss, finding that Scott Knight's Third Amended Complaint plausibly stated a cause of action under Fla. Stat. § 627.409(2) and presented a plausible claim that the haul out provision violated Florida public policy. The ruling referenced *Bell Atl. Corp. v. Twombly*, 550 U.S....
Scott P. Knight, as trustee of Knight Living Trust, a Florida Trust v. Markel American Insurance Company. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No.: 2:24-cv-592-JES-NPM Continue reading…
Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., Teaira Nicole Reed- In the United States Court of Appeals For the Eleventh Circuit. Case No. 22-12675.
The Eleventh Circuit Court reversed the district court's summary judgment in favor of Kinsale Insurance Company, ruling that a jury could reasonably find Kinsale acted in bad faith by failing to initiate settlement negotiations, given the clear liability and catastrophic injuries involved (Powell v. Prudential Prop. & Cas. Ins. Co., 584 So....
Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., Teaira Nicole Reed- In the United States Court of Appeals For the Eleventh Circuit. Case No. 22-12675. Continue reading…
Kazi Ahmed v. Hamilton Insurance DAC, et al., Third District Court of Appeal State of Florida. Case No. 3D23-1483
The Court affirmed the dismissal of Kazi Ahmed's third-party beneficiary breach of contract action against Hamilton Insurance DAC, ruling that Ahmed lacked standing as the contract did not primarily and directly benefit him (Biscayne Inv. Grp., Ltd. v. Guar. Mgmt. Servs., Inc., 903 So. 2d 251, 254). The Court found that the...
Kazi Ahmed v. Hamilton Insurance DAC, et al., Third District Court of Appeal State of Florida. Case No. 3D23-1483 Continue reading…
Evanston Insurance Company v. Monique Rivers Williams, Wayfair, LLC, JLBC Corporation and FGO Delivers, LLC, (United States District Court Middle District of Florida Tampa Division) Case No. 8:24-CV-02330-MSS-AEP
The Court denied Plaintiff's Motion for Clerk’s Entry of Default against JLBC Corporation due to improper service of process, as the amended return of service did not correct deficiencies highlighted by the Court and failed to comply with Federal Rule of Civil Procedure 4(h) and Florida Statute § 48.081. The Court cited...
Evanston Insurance Company v. Monique Rivers Williams, Wayfair, LLC, JLBC Corporation and FGO Delivers, LLC, (United States District Court Middle District of Florida Tampa Division) Case No. 8:24-CV-02330-MSS-AEP Continue reading…
Frank Kratofil v. American Strategic Insurance Corp., (United States District Court Middle District of Florida Fort Myers Division) Case No. 2:24-CV-1163-JES-NPM
The Court denied ASI's motion to dismiss, ruling that ASI's prolonged inaction on Kratofil's flood insurance claim created a ripe controversy for adjudication, citing Sanz v. U.S. Sec. Ins. Co., 328 F.3d 1314, 1319–20 (11th Cir. 2003) and Kennedy v. Floridian Hotel, Inc., 998 F.3d 1221, 1230 (11th Cir. 2021). The Court emphasized that ASI's...
Frank Kratofil v. American Strategic Insurance Corp., (United States District Court Middle District of Florida Fort Myers Division) Case No. 2:24-CV-1163-JES-NPM Continue reading…
Eohgan Conlon and Stephanie Conlon v. Nationwide Mutual Insurance Company, (United States District Court Middle District of Florida Tampa Division) Case No. 8:25-CV-687-KKM-SPF
The Court ruled to remand the case to state court due to lack of subject-matter jurisdiction, as Nationwide failed to prove to a legal certainty that the amount in controversy exceeds $75,000, citing Burns v. Windsor Ins. Co., 31 F.3d 1092 (11th Cir. 1994). The Court also noted that attorney's fees from...
Eohgan Conlon and Stephanie Conlon v. Nationwide Mutual Insurance Company, (United States District Court Middle District of Florida Tampa Division) Case No. 8:25-CV-687-KKM-SPF Continue reading…
Jeffrey Vasta and Julia Vasta v. Universal Property & Casualty Insurance Company (District Court of Appeal of Florida Second District) Case No. 2D2023-1915
The Court ruled in favor of Jeffrey and Julia Vasta, reversing the judgment due to an erroneous burden of proof imposed by the trial court's verdict form, which was inconsistent with established Florida law for all-risks insurance policies (Hudson v. Prudential Property & Casualty Insurance, 450 So. 2d 565 (Fla. 2d DCA...
Jeffrey Vasta and Julia Vasta v. Universal Property & Casualty Insurance Company (District Court of Appeal of Florida Second District) Case No. 2D2023-1915 Continue reading…
Matthew Simmons, et al. v. USI Insurance Services, LLC, et al. (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-201-TPB-AAS
The Court denied Defendants' motion for judgment as a matter of law or a new trial, finding sufficient evidence to support the jury's verdict on USI's claims for breach of contract, breach of fiduciary duty, and tortious interference (Pickett v. Tyson Fresh Meats, Inc., 420 F.3d 1272, 1278 (11th Cir. 2005)). The...
Matthew Simmons, et al. v. USI Insurance Services, LLC, et al. (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-201-TPB-AAS Continue reading…
Randy Willoughby v. Government Employees Insurance Company (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-1260-KKM-NHA
The Court granted in part and denied in part GEICO's motion for summary judgment on Randy Willoughby's bad-faith insurance claim, ruling that GEICO acted in bad faith by failing to offer to pay Willoughby's claimed property damages during the 2015 negotiations and by failing to agree to pay taxable costs after the...
Randy Willoughby v. Government Employees Insurance Company (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-1260-KKM-NHA Continue reading…
Lynda M. Mercer, and Howard C. Mercer v. American Bankers Insurance Company of Florida (United States District Court Middle District of Florida Fort Myers Division) Case No: 2:24-cv-882-JES-NPM
The Court dismissed the Plaintiffs' Complaint as time-barred, ruling that the lawsuit was filed beyond the one-year limitations period set forth in the Standard Flood Insurance Policy and 42 U.S.C. § 4072, which began with the partial denial of the claim on January 11, 2023 (McInnis v. Liberty Mut. Fire Ins. Co.,...
Lynda M. Mercer, and Howard C. Mercer v. American Bankers Insurance Company of Florida (United States District Court Middle District of Florida Fort Myers Division) Case No: 2:24-cv-882-JES-NPM Continue reading…