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...
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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...
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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...
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209 West Olympia, LLC v. Westchester Surplus Lines Insurance Co., Case No. 2:24-CV-237-JLB-KCD(Middle District Court of Florida, Feb 3, 2025 – Judge Kyle C. Dudek)
(The court has denied plaintiff’s motion for a clerk’s default under Fed. R. Civ. P. 55(a) when defendant has appeared in court to defend by enforcing alleged settlement agreement, finding that such a default is viewed unfavorably by the courts; that is, “the rule does not contemplate the entry of default only upon a defendant’s failure to answer but rather upon a defendant’s failure to respond or defend against the allegations in complaint.”)
Liberty Mutual Insurance Co. v. Robert A. Lee, ASCO Services, Inc., et al, Case No. 6D2023-2377(Sixth District Court of Appeal of Florida, Feb 7, 2025 – Judge Keith R. Kyle)
(Court reversed and remanded final judgment for defendant in response plaintiff’s appeal to consider only benefits given up to the date of settlement, finding that Liberty Mutual was entitled to full reimbursement from defendant under Florida Statutes 440.39(3)(a), which does not specify timing and clauses that are affected by agreed settlement dates but that “the carrier shall recover a percentage of what it has paid”; that is, “the statute requires Liberty Mutual’s pro rata share to be determined based on the full amount of “benefits paid or to be paid.”)
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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