Wheeler v. The Standard Fire Ins. Co., Case No. 2:25-CV-00623-SPC-NPM (U.S. District Court Middle District of Florida, Fort Myers Division, July 31, 2025 – Judge Polster Chappell)
Remanded the case to state court because the defendant, The Standard Fire Insurance Company, failed to establish diversity jurisdiction by not adequately proving its principal place of business, a requirement for determining corporate citizenship under 28 U.S.C. § 1332(a). Citing Hertz Corp. v. Friend, 559 U.S. 77, 97 (2010), and Wylie v....
Wheeler v. The Standard Fire Ins. Co., Case No. 2:25-CV-00623-SPC-NPM (U.S. District Court Middle District of Florida, Fort Myers Division, July 31, 2025 – Judge Polster Chappell) Continue reading…
MONY Life Ins. Co. v. Bernard R. Perez, Case No. 23-10770 (U.S. Court of Appeals Eleventh Circuit, July 23, 2025 – Judge Marcus)
Vacating the jury’s verdict in favor of MONY Life on its unjust enrichment claim, holding that under Florida law, such a claim cannot proceed when an express contract governs the same subject matter (see Diamond “S” Dev. Corp. v. Mercantile Bank, 989 So. 2d 696, 697 (Fla. 1st DCA 2008); Global Network...
MONY Life Ins. Co. v. Bernard R. Perez, Case No. 23-10770 (U.S. Court of Appeals Eleventh Circuit, July 23, 2025 – Judge Marcus) Continue reading…
Central Baptist Church of Albany Georgia Inc v. Church Mutual Ins. Co., Case No. 22-11082 (U.S. Court of Appeals Eleventh Circuit, July 21, 2025 – Judge Moreno)
Affirming the district court’s judgment in favor of Central Baptist Church, holding that the insurer, Church Mutual, waived its misrepresentation defense by expressly withdrawing it at trial and failing to object to its exclusion (see Glass v. United of Omaha Life Ins. Co., 33 F.3d 1341, 1347 (11th Cir. 1994)). The Court...
Central Baptist Church of Albany Georgia Inc v. Church Mutual Ins. Co., Case No. 22-11082 (U.S. Court of Appeals Eleventh Circuit, July 21, 2025 – Judge Moreno) Continue reading…
Steadfast Storm Systems Inc. v. Evanston Ins. Co., No. 2:24-cv-01044-JLB-KCD (U.S. District Court Middle District of Florida Fort Myers Division, July 16, 2025 – Judge Badalamenti)
Granting Evanston's motion to dismiss, ruling that Steadfast Storm Systems, Inc. failed to state a claim for breach of contract or wrongful refusal to defend because the insurance policy explicitly excluded coverage for claims “in any way involving” sexual misconduct, including sexual assault, which was alleged in the employee’s demand letter (see...
Steadfast Storm Systems Inc. v. Evanston Ins. Co., No. 2:24-cv-01044-JLB-KCD (U.S. District Court Middle District of Florida Fort Myers Division, July 16, 2025 – Judge Badalamenti) Continue reading…
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…