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…
The Prudential Insurance Company of America v. Carol Gardina and George Gardina. United States District Court Middle District of Florida Orlando Division. Case No: 6:23-cv-1125-JSS-DCI
The Court denied the defendants' motion for reconsideration of the order denying their motion for summary judgment, finding that there was a genuine dispute of material fact regarding the plaintiff's exercise of due diligence in discovering the alleged fraud. The Court's reasoning relied on the delayed discovery rule under Fla. Stat. §...
The Prudential Insurance Company of America v. Carol Gardina and George Gardina. United States District Court Middle District of Florida Orlando Division. Case No: 6:23-cv-1125-JSS-DCI Continue reading…
Publix Super Markets, Inc. v. Ace Property and Casualty Insurance Co., et al. United States District Court Middle District of Florida Tampa Division. Case No: 8:22-cv-2569-CEH-AEP
The Court granted Publix Super Markets, Inc.'s renewed unopposed motion for final judgment, finding that the opioid lawsuits do not allege damages "because of bodily injury" under Florida law, thus no coverage is provided under the insurance policies. The Court's reasoning relied on the policy language and the precedent set in Gelboim...
Publix Super Markets, Inc. v. Ace Property and Casualty Insurance Co., et al. United States District Court Middle District of Florida Tampa Division. Case No: 8:22-cv-2569-CEH-AEP Continue reading…
Anytime Restoration Services of Florida, Inc., v. Citizens Property Ins., Corp., Case No. 3D23-1258 (U.S. Middle District Court of Florida, February 26, 2025 – Judge J. Gordo)
(Court reversed and remanded judgment for Citizens, finding after review of evidence that services performed and invoiced by Defendant under “Coverage A – Dwelling” where fence was indeed attached to dwelling should be covered as such and not under “Coverage B – Other Structures,” which is not insured; that is, “Summary judgment...
Anytime Restoration Services of Florida, Inc., v. Citizens Property Ins., Corp., Case No. 3D23-1258 (U.S. Middle District Court of Florida, February 26, 2025 – Judge J. Gordo) Continue reading…
Universal Property & Casualty Insurance Co. v. Brilus, et al., Case No. 4D2023-2878 (Florida Fourth District Court of Appeal, Feb 19, 2025 – Judge Michael A. Robinson)
(Court reversed and remanded final judgment for $165,668.77 for water leak repairs and directing trial court to issue a remittitur of damages to $96,150, finding that “the only competent evidence of damages was supplied by the insureds’ expert that the costs of repairs was $96,150” and “sworn proof of loss is not...
Universal Property & Casualty Insurance Co. v. Brilus, et al., Case No. 4D2023-2878 (Florida Fourth District Court of Appeal, Feb 19, 2025 – Judge Michael A. Robinson) Continue reading…
State Farm Mutual Automobile Insurance Co., et al, v. At Home Auto Glass LLC., et al, Case No. 8:21-CV-239-TPB-AEP(Middle District Court of Florida , Feb 6, 2025 – Judge Tom Barber)
(The court denied plaintiff’s motion for reconsideration of the court’s order on cross-motions for summary judgment, wherein plaintiff ceased payments to defendant for “unlawful solicitation and contracting with State Farm’s insureds”; the court finding in favor of defendant for having provided “value in exchange for the benefit received.”)