Property and Casualty Insurance
- The Breakwater Commons Ass’n, Inc. v. Empire Indem. Ins. Co., Case No.: 2:20-cv-31-KCD-NPM (U.S. Middle District of Florida, Nov 25, 2025 – Judge Dudek) (granting Empire’s motion in part—agreeing to a $100,373.67 reduction from the original actual cash value award, based on concessions by both parties—but otherwise denied summary judgment, concluding Empire cannot challenge discrete components of the appraisal award under binding Eleventh Circuit precedent, and holding that an insurer’s proper recourse is to dispute policy-wide coverage or invoke standard conditions, not selectively attack parts of an appraisal award)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2020-00031-202-2-cv
- A-Team Response Restoration Corp. v. Citizens Property Ins. Co., 3D25-1753 (Florida 3rd District Court of Appeal, Nov 26, 2025 – Judges Scales, Lindsey, and Bokor) (holding that the appeal was properly before the court—despite A‑Team only appealing the denial of rehearing—because its timely post‑judgment rehearing motion sufficiently signaled an intent to challenge the underlying final summary judgment, and dismissing the appeal on jurisdictional grounds would unfairly prejudice Citizens, and confirming that the trial court correctly entered summary judgment by finding the restoration contract violated Florida Statutes § 627.7152(2)(a)(5), rendering it invalid and unenforceable, and that A‑Team lacked standing to pursue its breach‑of‑contract claim.)
https://flcourts-media.flcourts.gov/content/download/2472186/opinion/Opinion_2025-1753.pdf
Homeowners Insurance
- Florida Ins. Guaranty Ass’n, Inc. v. Waterfire Restoration, LLC, 4d2024-1787 (Florida 4th District Court of Appeal, Nov 26, 2025 – Judge Ciklin) (reversing the trial court’s enforcement of the settlement to require FIGA to pay Waterfire’s attorneys’ fees, holding that such fees fall outside the scope of “covered claims” under the Florida Insurance Guaranty Association Act, and reasoning that FIGA’s statutory obligation extends only to policy benefits—not attorney’s fees or costs—which are not included in the Act’s definition of “covered claim,” and thus FIGA cannot be compelled to pay them.)
https://flcourts-media.flcourts.gov/content/download/2472122/opinion/Opinion_2024-1787.pdf
Procedural
- Vicki Miller v. American United Life Ins. Co., 8:25-cv-1670-KKM-AAS (U.S. Middle District of Florida, Nov 24, 2025 – Judge Arnold Sanson) (granting Vicki Miller’s unopposed motion to conduct limited discovery beyond the administrative record in her ERISA long-term disability benefits case, narrowly allowing depositions focused on issues such as the information considered, decision-making competency, procedural compliance, and potential conflicts, and reasoning that, under the “arbitrary and capricious” standard of review, these targeted inquiries are necessary to evaluate whether the insurer’s denial was reasonable and procedurally fair.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-01670-23-8-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.