Highlighted Cases - Page 10 of 13 - Sylvester Law Center

Jeffrey Vasta and Julia Vasta v. Universal Property & Casualty Insurance Company (District Court of Appeal of Florida Second District) Case No. 2D2023-1915

Posted on April 14, 2025

The Court ruled in favor of Jeffrey and Julia Vasta, reversing the judgment due to an erroneous burden of proof imposed by the trial court's verdict form, which was inconsistent with established Florida law for all-risks insurance policies (Hudson v. Prudential Property & Casualty Insurance, 450 So. 2d 565 (Fla. 2d DCA...

Matthew Simmons, et al. v. USI Insurance Services, LLC, et al. (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-201-TPB-AAS

Posted on April 8, 2025

The Court denied Defendants' motion for judgment as a matter of law or a new trial, finding sufficient evidence to support the jury's verdict on USI's claims for breach of contract, breach of fiduciary duty, and tortious interference (Pickett v. Tyson Fresh Meats, Inc., 420 F.3d 1272, 1278 (11th Cir. 2005)). The...

Randy Willoughby v. Government Employees Insurance Company (United States District Court Middle District of Florida Tampa Division) Case No. 8:23-cv-1260-KKM-NHA

Posted on April 8, 2025

The Court granted in part and denied in part GEICO's motion for summary judgment on Randy Willoughby's bad-faith insurance claim, ruling that GEICO acted in bad faith by failing to offer to pay Willoughby's claimed property damages during the 2015 negotiations and by failing to agree to pay taxable costs after the...

Lynda M. Mercer, and Howard C. Mercer v. American Bankers Insurance Company of Florida (United States District Court Middle District of Florida Fort Myers Division) Case No: 2:24-cv-882-JES-NPM

Posted on April 8, 2025

The Court dismissed the Plaintiffs' Complaint as time-barred, ruling that the lawsuit was filed beyond the one-year limitations period set forth in the Standard Flood Insurance Policy and 42 U.S.C. § 4072, which began with the partial denial of the claim on January 11, 2023 (McInnis v. Liberty Mut. Fire Ins. Co.,...

Shirleyann Hughes v. USAA Casualty Insurance Company (UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION) Case No: 6:24-cv-1595-JSS-LHP

Posted on March 31, 2025

The Court granted Plaintiff Shirleyann Hughes' motion to remand the case to state court, finding that Defendant USAA Casualty Insurance Company failed to establish the amount in controversy exceeded $75,000 for federal jurisdiction. The Court cited Burns v. Windsor Ins. Co., 31 F.3d 1092 (11th Cir. 1994) and City of Vestavia Hills...

Helen Wild v. Unum Life Insurance Company of America (United States Dist. Ct. Middle District of Florida- Jacksonville Division.) Case No. 3:23-cv-986-BJD-LLL

Posted on March 31, 2025

The Court adopted the Magistrate Judge's Report and Recommendation, granting Defendant UNUM Life Insurance Company's motion for final summary judgment and denying Plaintiff Helen Wild's dispositive brief, finding that UNUM's decision to deny long-term disability benefits was not arbitrary and capricious. The Court cited Garvey v. Vaughn, 993 F.2d 776 (11th Cir....

Continental General Insurance Company v. Carol Gardina and George Gardina. (United States Dist. Ct. Middle District of Florida- Orlando Division.) Case No: 6:23-cv-2149-PGB-DCI

Posted on March 31, 2025

The Court denied Defendants Carol and George Gardina's motion to dismiss, finding that Plaintiff Continental General Insurance Company sufficiently alleged claims for fraudulent misrepresentation, fraudulent concealment, unjust enrichment, declaratory judgments, and civil conspiracy related to the Gardinas' alleged scheme to collect long-term care insurance benefits. The Court cited Ashcroft v. Iqbal, 556...

Progressive American Insurance Company, Appellant, vs. Pedro Gonzalez, et al., Appellees, (Circuit Court for Miami-Dade County) Case No. 3D23-2247

Posted on March 31, 2025

The Court reversed the trial court's decision, ruling that Progressive American Insurance Company was not given the required 60 days' notice before the bad faith action was filed, as mandated by section 624.155, Florida Statutes (2018). The Court emphasized that the statute's notice requirement is a condition precedent to filing such actions,...

The Prudential Insurance Company of America v. Carol Gardina and George Gardina. United States District Court Middle District of Florida Orlando Division. Case No: 6:23-cv-1125-JSS-DCI

Posted on March 21, 2025

The Court denied the defendants' motion for reconsideration of the order denying their motion for summary judgment, finding that there was a genuine dispute of material fact regarding the plaintiff's exercise of due diligence in discovering the alleged fraud. The Court's reasoning relied on the delayed discovery rule under Fla. Stat. §...

Publix Super Markets, Inc. v. Ace Property and Casualty Insurance Co., et al. United States District Court Middle District of Florida Tampa Division. Case No: 8:22-cv-2569-CEH-AEP

Posted on March 21, 2025

The Court granted Publix Super Markets, Inc.'s renewed unopposed motion for final judgment, finding that the opioid lawsuits do not allege damages "because of bodily injury" under Florida law, thus no coverage is provided under the insurance policies. The Court's reasoning relied on the policy language and the precedent set in Gelboim...