Hawk v. Hartford Insurance Co. Case No. 2:24-cv-823-JES-NPM(Middle District Court of Florida Jan 29, 2025 Judge-John E. Steele
(granting Hartford’s motion to dismiss under Rule 12(b)(6) for complaint’s failure to state a claim upon which relief may be granted, and denied Rule 12(b)(1) for lack of subject-matter jurisdiction, finding that, “The Court cannot say at this point that amendment would necessarily be futile” and dismissed the case without prejudice; that is, “the Court may decide the jurisdictional and the substantive aspects of the motion together.”)
Transamerica Life Insurance Co. v. Lawrence White, Case No. 6:20-cv-2258-ACC-GJK
(Middle District Court of Florida, Jan 22, 2025 – Judge Anne C. Conway)(granting Transamerica’s motion for entry of second amended final judgment, finding that the case style is to reflect that the defendant in the case is Lawrence E. White as Trustee and entering a nunc pro tunc second...
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Thomas Falvo v. Atlantic Specialty Insurance Co., Case No. 8:24-cv-014112-WFJ-AEP
(Middle District Court of Florida, Jan 23, 2025 – Judge William F. Jung (denying defendant’s claim for partial judgment on pleadings under 9 U.S.C. 4 & Fla. Stat. 682.03 since plaintiff filed suit for declaratory judgment, finding that “Falvo has not waived his right to arbitration. While Defendant is...
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Howard Housen, et al. v. Universal Property & Casualty Insurance Co., Case No. CACE20010924
(Fourth District Court of Appeal of Florida, Jan 22, 2025 – Judge Marina Garcia-Wood)(reversing and remanding final judgment for Universal, finding that the circuit court erred when it denied plaintiffs’ motion to vacate the judgment due to excusable neglect, holding that “Under Rule 1.540(b)(1), ‘the court may relieve a party or a...
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John Botsch et al. v. Allstate Insurance Co. et al., Case No. 2024CA0038-M
(Ninth District Court of Appeals of Ohio, Jan 13, 2025 – Judge Jill Flagg Lanzinger)(affirming judgment finding the trial court did not err when it granted summary judgment in favor of defendants Allstate Insurance and holding that “[t]he undisputed facts establish that the [Policy] included a clear, unequivocal and unambiguous exclusion, which...
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Isabel Del Pino Allen v. Geico General Insurance Co., Case No. 24-cv-23477
(Florida Southern District Court, Jan 9, 2025 – Judge Beth Bloom)(Order for judgment of dismissal without prejudice, granting Geico’s motion to dismiss under 12(b)(6), and holding that “Though it is unclear what claims Plaintiff is now bringing it appears she is attempting to bring a bad faith action against Defendant, which is...
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Colony Insurance Co. v. Titan Restoration Construction, Inc., Case No. 4D2023-2908
(Fourth District Court of Appeals of Florida, Jan 8, 2025 – Judge Joseph Curley)(Reversing final summary judgment and remand for trial court to grant final summary judgment in favor of Colony, and holding that “the Endorsement is the controlling document and Titan did not meet the Endorsement's requirements;” that is, “Titan thus...
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Nena Bonsignore v. QBE Specialty Insurance Company, Case No. 1:23-cv-23812-PCH
(U.S. Southern District Court of Florida, Jan 3, 2025 – Judge Paul C. Huck) (Order adopting the Dec 11, 2024 report and recommendation and awarding Defendant all costs for plaintiff’s failure to confer, holding that “The failure to raise specific objections with supporting legal authority constitutes a waiver of all objections to...
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Ryan Chambers v. Farmers Insurance of Columbus, Inc., Case No. 113659
(Eighth District Court of Appeals of Ohio, Jan 2, 2025 – Judge Emanuella D. Groves) (Judgment affirmed in part, that the trial court did not abuse its discretion in granting Chambers’ motion for class certification for breach-of-contract for unpaid sales tax in claim payments, and reversed in part for the limited purpose...
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Safeco Insurance Co. of Illinois v. Rebecca L. Heikka, Nos. 4D2022-2969
(District Court of Appeal of The State of Florida Fourth District, Nov 6, 2024 – Judge Carlos A. Rodriguez) (Appellant, Safeco Insurance Company of Illinois appeals final judgement for Rebecca Heikka, judge concluded in favor of Heikka for Safeco Insurance’s failure to settle, under Carrousel Concessions, Inc. v. Fla. Ins. Guar. Ass’n...
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