Property Insurance
- Elio Mulas, et al. v. Westchester Surplus Lines Ins. Co., 2: 25-cv-955-SPC-DNF (U.S. Middle District of Florida, Jan. 14, 2026 – Judge Polster Chappell) (granting Westchester’s motion to dismiss Plaintiffs’ anticipatory breach of contract count, holding that Plaintiffs failed to allege facts showing an absolute and unequivocal repudiation required to state an anticipatory breach claim, as their allegation that failure to pay actual cash value implies future refusal to pay replacement cost value was “a leap too far beyond plausibility.”) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00955-27-2-cv
- Faith Preparatory School, Inc. v. Westchester Surplus Lines Ins. Co., 2:24-cv-1119-KCD-DNF (U.S. Middle District of Florida, Jan. 15, 2026 – Judge Dudek) (denying Westchester’s motion for reconsideration, holding that the newly discovered WrightWay email did not constitute an assignment because it did not transfer Faith Prep’s right to enforce the insurance claim, consistent with Florida law requiring an assignment to convey all rights to the claim, and holding the dispute is not “illusory” because insurer liability is measured by the actual physical loss, not by a contractor’s willingness to accept reduced payment, leaving a live, adversarial disagreement appropriate for appraisal.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-01119-34-2-cv
- Island Roofing and Restoration LLC v. Empire Indemnity Ins. Co., 2:21-cv-211-KCD-DNF (U.S. Middle District of Florida, Jan. 16, 2026 – Judge Dudek) (denying both parties’ motions for summary judgement because the insurance policy entitles Island Roofing, as assignee, to overhead and profit under established Florida law and genuine factual disputes remain regarding the amount Island Roofing “actually and necessarily spent” on repairs, and finding conflicting evidence concerning the repair costs and prohibiting courts from making credibility determinations at summary judgment.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2021-00211-131-2-cv
Flood Insurance
- Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2: 24-cv-696-KCD-DNF (U.S. Middle District of Florida, Jan. 14, 2026 – Judge Dudek) (granting Hartford’s motion for summary judgement, holding that Bay Haven failed to submit a signed and sworn proof of loss for the additional amounts it sought—a strict condition precedent under the National Flood Insurance Program that cannot be satisfied through invoices, estimates, or substantial‑compliance arguments.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-00696-44-2-cv
The Fine Print
The cases discussed are not a comprehensive list of all Florida decisions from this week. SLC may omit some, including PCAs and procedural rulings unrelated to coverage. SLC also excludes any cases in which I am or have been personally involved. These summaries are provided solely for informational purposes and do not constitute legal advice or create an attorney-client relationship. Any opinions expressed are my own and are not intended as legal guidance for any specific situation.