Property and Casualty Insurance:
- Meutha Lewis, et al. v. Nationwide Assurance Co., 2:25-cv-355-KCD-NPM (U.S. Middle District, Oct 30, 2025- Judge Kyle C. Dudek) (denying Nationwide’s motion to dismiss and strike the attorney fee claim, finding that the plaintiffs, Meutha Lewis and Yvonne Wilson, had sufficiently alleged a straightforward breach of contract claim related to unpaid insurance benefits, and rejecting Nationwide’s arguments about bad faith and statutory violations, noting that the complaint did not assert such claims, and deferred the attorney fee issue to summary judgment due to unresolved factual questions about the applicable law.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00355-25-2-cv
Procedural:
- Rosa E. Pupo Perez, et al. v. American Zurich Ins. Co., 2:25-cv-736-SPC-NPM, (U.S. Middle District, Oct 28, 2025- Judge Sheri Polster Chappell) (denying American Zurich’s motion to dismiss, finding that the plaintiffs, Rosa E. Pupo Perez and Juan La O Betancourt, had indeed filed the required Notice of Intent to Initiate Litigation under Florida law, and holding even if they had not filed, that their general allegation of having met all conditions precedent was sufficient under Federal Rule of Civil Procedure 9(c).)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00736-28-2-cv
- Roger S. Mellen v. Allstate Fire and Casualty Ins. Co., 5:24-cv-317-PRL (U.S. Middle District, Oct 29, 2025 – Judge Philip R. Lammens) (granting Roger S. Mellen’s motion to remand the case to state court, finding that Allstate failed to meet its burden of proving that the amount in controversy exceeded the $75,000 threshold required for federal diversity jurisdiction, and treating the motion as unopposed and ordering the case to return to state court because Allstate did not oppose the motion and the plaintiff’s claimed damages were not clearly above the jurisdictional limit.)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00317-30-5-cv
- Alan Tomanek v. Allstate Ins. Co., 2:25-cv-935-KCD-DNF (U.S. Middle, Oct 30, 2025 – Judge Kyle C. Dudek) (remanding plaintiff’s case against Allstate to state court, finding that Allstate failed to meet its burden of proving the amount in controversy exceeded the $75,000 threshold required for federal jurisdiction, and concluding that Allstate’s assertions and limited evidence—such as a vague demand letter and general descriptions of injuries—were insufficient to establish subject matter jurisdiction under 28 U.S.C. § 1332(a).)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2025-00935-12-2-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.