Life Insurance
- The Northwestern Mutual Life Ins. Co. v. Mary Rhude Cross, et al., 2:23-cv-851-JES-KCD (U.S. District Court Middle District of Florida, Nov 5, 2025 – Judge Steele) (denying Plaintiff’s motion for summary judgement because genuine issues of material fact exist as to whether Dr. Cross answered the application questions to the best of his “knowledge and belief,” as required by the policy language and reasoning that, under Florida law, rescission based on misrepresentation requires proof that the statements were not truthful to the applicant’s actual knowledge and belief, and because reasonable inferences could differ on this point, summary judgment was inappropriate.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2023-00851-77-2-cv
Homeowners Insurance
- Scott A. Saveraid Trust for Scott A. Saveraid Revocable Trust v. QBE Specialty Ins. Co., 2:25-cv-394-SPC-DNF (U.S. District Court Middle District of Florida, Nov 7, 2025 – Judge Polster Chappell) (denying, in part, Plaintiff’s motion to dismiss Defendant’s declaratory judgment counterclaim because it presents a distinct legal issue regarding the applicability of Florida’s Value Policy Law and is not barred as duplicative under Rule 12(b)(6), and granting, in part, Plaintiff’s motion to dismiss QBE’s unjust enrichment claim with prejudice, holding that under MONY Life Ins. Co. v. Perez, 146 F.4th 1018, 1027 (11th Cir. 2025), an insurer cannot pursue unjust enrichment where the alleged overpayments arise from the same subject matter as an express insurance contract.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00394-47-2-cv
Procedure
- Gilberto Perez and Beatriz Perez v. Scottsdale Ins. Co., 6:24-cv-2348-PGB-LHP (U.S. District Court Middle District of Florida, Nov 3, 2025 – Judge Hoffman Price) (denying Defendant’s motion to strike Plaintiff’s expert without prejudice for failure to comply with Local Rule 3.01(g), finding that while the motion states that the parties conferred, the motion does not state whether Plaintiffs oppose or agree to all or any portion of the motion.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-02348-37-6-cv
- Roger S Mellen v. Allstate Fire Ins. Co., 5:25-cv-317-PRL (U.S. District Court Middle District of Florida, Nov 5, 2025 – Judge Lammens) (denying Defendant’s motion for reconsideration of the Court’s order granting Plaintiff’s Motion for Remand/Opposition to Defendant’s Petition for Removal, holding that it lacked jurisdiction to revisit a remand based on lack of subject matter jurisdiction under 28 U.S.C. § 1447(d) and Eleventh Circuit precedent and finding—even if jurisdiction existed–there was no clear error or manifest injustice because Defendant failed to timely oppose the motion to remand despite multiple deadlines, and its claim of CM/ECF technical issues did not constitute excusable neglect.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00317-34-5-cv
- Bridgefield Casualty Ins. Co. v. The Cincinnati Ins. Co., 8:23-cv-2465-CEH-LSG (U.S. District Court Middle District of Florida, Nov 6, 2025 – Judge Edwards Honeywell) (denying Defendant’s motion for reconsideration of the order denying Defendant’s discovery motion as untimely, holding that the defendant knowingly conducted discovery beyond the court-imposed deadline without seeking leave, despite repeated warnings and multiple prior extensions and emphasizing its broad discretion to manage pretrial activities and the importance of finality and orderly case progression.) https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2023-02465-152-8-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.