Property Insurance
- 16500 Captiva LLC v. QBE Specialty Ins. Co., 2:23-cv-530 (U.S. Middle District of Florida, Dec 29, 2025 – Judge Dudek) (granting QBE’s supplemental cross-motion for summary judgement, holding the $200,000 windstorm deductible must be subtracted from the “loss payable under coverages,” which is capped by the policy limits, rather than from the total loss claimed by Captiva. The Court reasoned that the plain language of the policy controls, and applying the deductible to the total loss would rewrite the contract and ignore the “loss payable” qualifier, contrary to Florida law that prohibits courts from creating ambiguity or expanding coverage beyond the parties’ agreement.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2023-00530-45-2-cv
Marine Insurance
- Accelerant Specialty Ins. Co., et al. v. Eric Small, 8:24-cv-42 (U.S. Middle District of Florida, Dec 29, 2025 – Judge Kimball Mizelle) (denying Small’s motion to dismiss without prejudice, holding that the Court had admiralty jurisdiction because marine insurance contracts are maritime in nature and governed by federal maritime law, and that venue was proper under the policy’s forum-selection clause, which is enforceable under maritime law. The Court further reasoned that the complaint adequately stated claims for declaratory relief and breach of warranties.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00425-48-8-cv
Flood Insurance
- Windsor Beach LLC v. Imperial Fire & Casualty Ins. Co., 2:25-cv-829 (U.S. Middle District of Florida, Dec 30, 2025 – Judge Polster Chappell) (granting Imperial’s motion to dismiss with prejudice, holding that Plaintiff’s suit was time-barred under the National Flood Insurance Act, which requires filing within one year of a claim denial. The Court reasoned that the April 2023 denial letter triggered the limitations period and could be considered under the incorporation-by-reference doctrine since it was central to the claim and undisputed in authenticity.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00829-19-2-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.