Category: Opinions

(U.S. Middle District of Florida, Jul 26, 2023 – Judge Steven D. Merryday) (Order granting Atain Specialty’s Motion for Summary Judgment and entering declaratory judgment against defendants the insureds and state-court plaintiff – including recovering defense costs concerning the Ispos commercial property and general liability insurance policy, holding that “Because the state-court...

(U.S. Middle District of Florida, Jul 26, 2023 – Judge John L. Badalamenti) (Order granting Hudson’s Motion for Summary Judgment and denying plaintiffs’ Motion for Summary Judgment, finding “that no promise of UM coverage was made, Defendant is entitled to summary judgment;” that is, Florida Statute § 627.727 “Subsection (1) does not...

(.S. Middle District of Florida, Jul 14, 2023 – Judge James S. Moody, Jr.) (Order denying Direct General’s Renewed Motion for Judgment as a Matter of Law or, in the Alternative, Motion for New Trial, holding that “the jury was entitled to interpret the insurance adjuster’s mistake of not responding to the...

(Supreme Court, Jul 12, 2023 – Judge Kennedy with Judges DeWine, Donnelly, Steward, Brunner, Deters and Fischer concurring) (reversing judgment of the First District Court of Appeals, reinstating judgment of the trial court in favor of United Specialty, and holding "that when a commercial general-liability insurance policy excludes coverage for injuries arising...

(U.S. Middle District of Florida, Jul 10, 2023 – Judge Steven D. MerryDay) (Order for judgment of dismissal without prejudice, denying Pearson’s motion for entry of a confessed judgment and attorney’s fees, and granting Scottsdale’s motion to dismiss under 12(b)(6) renewed in its motion for summary judgment, and holding that “Scottsdale contends...

(U.S. Middle District of Florida, Jul 6, 2023 – Judge Charlene Edwards Honeywell, recommendation from Magistrate Judge Sansone) (granting and denying in part plaintiff’s motion to confirm the appraisal award and seeking judgment in its favor, declining to enter judgment and confirming appraisal award, holding that “ ‘[W]hen an insurer admits coverage...