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…
The Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida, etc. v. Southern Oak Insurance Company, No. 3D24-0217 (Third District Court of Appeal, May 7, 2025 – Judge Emas)
(reversing the trial court's dismissal of The Kidwell Group's complaint, ruling that the assignment of benefits agreement was valid under section 627.7152(2)(a)5., Florida Statutes, as it included a sufficiently detailed itemized per-unit cost estimate. The Court's reasoning relied on the precedent set in Kidwell Group, LLC v. SafePoint Ins. Co., 376 So....
The Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida, etc. v. Southern Oak Insurance Company, No. 3D24-0217 (Third District Court of Appeal, May 7, 2025 – Judge Emas) Continue reading…
Universal Property & Casualty Ins. Co. v. Dr. Elias Chousleb, No. 3D24-0200 (Third District Court of Appeal, May 7, 2025 – Judge Gordo)
(affirming the trial court's decision, ruling that it did not abuse its discretion in denying Universal's request to recall a witness for cumulative testimony, citing Gonzalez v. Martinez, 897 So. 2d 525 (Fla. 3d DCA 2005) and Dade Cnty. v. Midic Realty, Inc., 549 So. 2d 1207 (Fla. 3d DCA 1989). The...
Universal Property & Casualty Ins. Co. v. Dr. Elias Chousleb, No. 3D24-0200 (Third District Court of Appeal, May 7, 2025 – Judge Gordo) Continue reading…
Spartan Services Corp., et al., v. People’s Trust Ins. Co., No. 3D23-2301 (Third District Court of Appeal, May 7, 2025 – Judge Emas)
(affirming the trial court's summary judgment in favor of People's Trust Insurance Company, ruling that the Water Damage Exclusion Endorsement in the homeowner's insurance policy unambiguously excluded coverage for the loss, as the water damage was not caused by a peril insured against. The Court relied on the principle that insurance policy...
Spartan Services Corp., et al., v. People’s Trust Ins. Co., No. 3D23-2301 (Third District Court of Appeal, May 7, 2025 – Judge Emas) Continue reading…
People’s Trust Ins. Co. v. John L. Abraham and Lois Abraham, No. 2D2023-2383 (District Court of Appeal of Florida Second District, May 7, 2025 – Judge Khouzam with Judges Rothstein-Youakim and Labrit concurring
(reversing the trial court's judgment for the insureds, ruling that the insurer's general contractor, Rapid Response Team, LLC, could legally subcontract roofing work under Florida law (People's Trust Insurance Co. v. Lamolli, 352 So. 3d 890 (Fla. 4th DCA 2022)). The Court also found that the insurer was not obligated to provide...
People’s Trust Ins. Co. v. John L. Abraham and Lois Abraham, No. 2D2023-2383 (District Court of Appeal of Florida Second District, May 7, 2025 – Judge Khouzam with Judges Rothstein-Youakim and Labrit concurring Continue reading…
State Farm Mutual Auto Insurance Company, et al., v. Michael LaRocca, et al., US Court of Appeals for the Eleventh Circuit. Case No.: 23-13979
The Eleventh Circuit Court certified a question to the Florida Supreme Court regarding the interpretation of "legally responsible" within Fla. Stat. § 400.9905(4)(g), as the term's meaning impacts the validity of insurance claims submitted by clinics under the wholly owned exemption. The Court deferred its decision, emphasizing the need for the Florida...
State Farm Mutual Auto Insurance Company, et al., v. Michael LaRocca, et al., US Court of Appeals for the Eleventh Circuit. Case No.: 23-13979 Continue reading…