All Risk Insurance
SafePoint Ins. Co. v. Ellison, Jr., 3D24-1126 (Fla. 3rd DCA, Mar. 25, 2026 (Logue, Lindsey, and Gordo, JJ.)) (affirming the trial court’s denial of SafePoint’s motions for directed verdict and for a new trial, leaving intact the jury’s verdict in favor of Ellison, and reasoning that because the evidence on causation was conflicting, the jury could reasonably conclude that water alone—rather than mold—caused the damage, so SafePoint failed to meet its burden to prove a policy exclusion barred coverage.) https://flcourts-media.flcourts.gov/content/download/2486591/opinion/Opinion_2024-1126.pdf
Auto Insurance
- Humbertson v. Progressive Select Ins. Co., 8:23-cv-1709-MSS-AAS (M.D. Fla., Mar. 26, 2026 (Scriven, J.)) (deferring ruling on Progressive’s motion for summary judgment and staying the case, finding that because the insured (Jenckes) filed for bankruptcy, the bankruptcy trustee must first determine whether to pursue the BI‑related bad‑faith claim on behalf of the estate, and reasoning that the trustee—not the plaintiff—now controls the BI bad‑faith cause of action, and therefore the litigation cannot proceed until the trustee’s position is clarified.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2023-01709-88-8-cv
- Sheehan, et al. v. Progressive American Ins. Co., 8:24-cv-00330-JLB-AAS (M.D. Fla., Mar. 26, 2026 (Badalamenti, J.)) (denying Progressive American Insurance Company’s motion for summary judgment, leaving the plaintiffs’ common‑law bad‑faith claim to proceed, and reasoning that, after reviewing the parties’ submissions and the record, genuine disputes of material fact remained regarding Progressive’s handling of the claim, making summary judgment inappropriate.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-00330-54-8-cv - Star Casualty Ins. Co. v. Jacksonville Chiropractic, Inc., Nos. 5D2024-1148, 5D2024-2588 (Fla. 5th DCA, Mar. 27, 2026 (Soud, J., with Lambert and Harris, JJ. concurring)) (reversing the final judgment in favor of Jacksonville Chiropractic and remanding with instructions to enter summary judgment for Star Casualty, holding that the county court misinterpreted the insurance policy’s exclusion provision, and reasoning that, under the proper reading of the exclusion, coverage was barred because the Ford Taurus was not an insured vehicle at the time of the accident, and therefore Star Casualty correctly denied PIP benefits.)
https://flcourts-media.flcourts.gov/content/download/2486721/opinion/Opinion_2024-2588.pdf
All-risk Homeowner’s Insurance
Escobar, et al. v. Citizens Property Ins. Corp., 3D24-0883 (Fla. 3rd DCA, Mar. 25, 2026 (Scales, Logue, and Lobree, JJ.)) (affirming the final summary judgment in favor of Citizens Property Insurance Corporation, holding that the Escobars’ claimed loss—a fallen piece of drywall—did not meet the policy’s definition of a covered “collapse,” and reasoning that because the drywall fall did not constitute an “abrupt collapse” or otherwise affect the home’s structural integrity as required under the Additional Coverage – Collapse provision, the policy did not provide coverage for the loss.) https://flcourts-media.flcourts.gov/content/download/2486589/opinion/Opinion_2024-0883.pdf
Procedure – Commercial General Liability
MAC Contractors of Florida, LLC v. Southern-Owners Ins. Co., 2:25-cv-00828-JES-NPM (M.D. Fla., Mar. 26, 2026 (Steele, J.)) (granting in part and denied in part Southern‑Owners Insurance Company’s motion to dismiss MAC Contractors’ complaint, and reasoning that while some claims were supported by sufficient factual allegations to plausibly state a claim for relief under the Rule 12(b)(6) standard, other claims consisted only of conclusory or insufficiently pleaded assertions and therefore warranted dismissal.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00828-42-2-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.