Procedural – Homeowners’ Insurance
St. Pierre v. State Farm Florida Ins. Co. 5D2024-0705 (5th Dist. of Fla., May 29, 2026- Harris, J.) (reversing the dismissal of the homeowners’ complaint, holding that the trial court erred in applying section 627.70152’s pre-suit notice requirement to their claim, and reasoning that the statute does not apply retroactively to insurance policies issued before its enactment, consistent with its prior precedent). https://flcourts-media.flcourts.gov/content/download/2489399/opinion/Opinion_2024-0705.pdf
Commercial Property (“all-risk”) Insurance
Florida East Coast Holdings Corp. v. Lexington Ins. Co. 24-11479 (11th Cir., May 29, 2026- Pryor, Branch, and Abudu, JJ.) (vacating the grant of summary judgment to the insurers and remanded, holding that although the policy’s “protection and preservation” provisions covered the insured’s preventative expenses and related losses, the district court applied the wrong (overstated) deductible, and reasoning that only those protection provisions—not other coverage clauses—applied to preemptive measures taken to prevent imminent damage, and because no property was actually damaged, the deductible was limited to $750,000 rather than a percentage-based windstorm deductible, making summary judgment improper). https://media.ca11.uscourts.gov/opinions/pub/files/202411479.pdf
Commercial Property Insurance
Gate Petroleum Co. v. Interstate Fire & Casualty Co. 3:25-cv-00199 (M.D. of Fla., May 27, 2026- Young, D.J.) (dismissing all claims against Aspen, Evanston, Princeton, and Hallmark because Gate failed to plead any specific facts showing that COVID‑19 actually manifested at particular insured locations and caused identifiable losses, offering only broad, conclusory allegations, however, in contrast, the Court allowed the claims against Interstate and Endurance to proceed, finding that their dismissal arguments depended on policy exclusions and endorsements that could not be resolved at the pleading stage, where Gate’s factual allegations must be taken as true). https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00199-135-3-cv
Liability Insurance
Stillwell v. State Farm & Casualty Ins. Co. 21-13740 (11th Cir., May 27, 2026- Branch, Luck, Tjoflat, JJ.) (holding that the insurers had no responsibility to pay William Stillwell’s post‑settlement medical expenses, because the Indiana‑enforced settlement agreement expressly placed all future medical liability on the Stillwells themselves, and since MSP and FCA liability both require a present obligation to pay Medicare, the absence of such responsibility meant all of Penelope Stillwell’s claims failed, and the dismissal was affirmed). https://media.ca11.uscourts.gov/opinions/unpub/files/202113740.pdf
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.