General Liability Insurance
- Sheriff of Broward County, v. Evanston Insurance Company., Case No. 24-11230 (U.S. District Court of Appeals – November 10, 2025 – Judges Jill Pryor, Luck, and Hull) (affirming the district court’s ruling that the Parkland mass shooting constituted a single “occurrence” under the Evanston excess-insurance policy—meaning the sheriff’s office was required to satisfy only one $500,000 self-insured retention (plus deductible) before coverage applied, and reasoning that under controlling Florida law the term “occurrence” is ambiguous and must be interpreted in favor of the insured, and because the sheriff’s office had already met the SIR through legal and claims expenses, a justiciable controversy existed and attorney’s fees and costs were properly awarded.)
https://media.ca11.uscourts.gov/opinions/pub/files/202411230.pdf
Property & Casualty Insurance
- The Breakwater Commons Association, Inc., v. Empire Indemnity Insurance Company., Case No. 2:20-cv-31-KCD-NPM (U.S. District Court Middle District of Florida – November 13, 2025 – Judge Kyle C. Dudek) (granting Empire’s motion for summary judgment in part, reducing the appraisal award by $100,373.67—reflecting agreed-upon reductions for roof costs and mathematical errors—and denying the motion in full on all other disputed charges, with the decision resting on Breakwater’s concessions regarding specific erroneous inclusions in the appraisal award, while the remaining items continued to present genuine factual disputes unsuitable for resolution at summary judgment.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2020-00031-200-2-cv
- The Breakwater Commons Association, Inc., v. Empire Indemnity Insurance Company., Case No. 2:20-cv-31-KCD-NPM (U.S. District Court Middle District of Florida – November 13, 2025 – Judge Kyle C. Dudek) (denying Empire Indemnity’s motion to dismiss, concluding that despite issuing the actual cash value (ACV) payment and withholding replacement cost (RC) and ordinance-or-law (O&L) benefits as unripe, there remains a justiciable controversy—particularly regarding unpaid prejudgment interest and other unresolved issues, and finding Empire’s ripeness argument unpersuasive, noting that Breakwater still seeks amounts beyond the ACV award that cannot be resolved until a final adjudication or summary judgment.https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2020-00031-201-2-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.