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
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.,...
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 Continue reading…
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
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...
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 Continue reading…
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
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....
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 Continue reading…
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
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...
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 Continue reading…
Progressive American Insurance Company, Appellant, vs. Pedro Gonzalez, et al., Appellees, (Circuit Court for Miami-Dade County) Case No. 3D23-2247
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,...
Progressive American Insurance Company, Appellant, vs. Pedro Gonzalez, et al., Appellees, (Circuit Court for Miami-Dade County) Case No. 3D23-2247 Continue reading…
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
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. §...
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 Continue reading…
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
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...
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 Continue reading…
Anytime Restoration Services of Florida, Inc., v. Citizens Property Ins., Corp., Case No. 3D23-1258 (U.S. Middle District Court of Florida, February 26, 2025 – Judge J. Gordo)
(Court reversed and remanded judgment for Citizens, finding after review of evidence that services performed and invoiced by Defendant under “Coverage A – Dwelling” where fence was indeed attached to dwelling should be covered as such and not under “Coverage B – Other Structures,” which is not insured; that is, “Summary judgment...
Anytime Restoration Services of Florida, Inc., v. Citizens Property Ins., Corp., Case No. 3D23-1258 (U.S. Middle District Court of Florida, February 26, 2025 – Judge J. Gordo) Continue reading…
Universal Property & Casualty Insurance Co. v. Brilus, et al., Case No. 4D2023-2878 (Florida Fourth District Court of Appeal, Feb 19, 2025 – Judge Michael A. Robinson)
(Court reversed and remanded final judgment for $165,668.77 for water leak repairs and directing trial court to issue a remittitur of damages to $96,150, finding that “the only competent evidence of damages was supplied by the insureds’ expert that the costs of repairs was $96,150” and “sworn proof of loss is not...
Universal Property & Casualty Insurance Co. v. Brilus, et al., Case No. 4D2023-2878 (Florida Fourth District Court of Appeal, Feb 19, 2025 – Judge Michael A. Robinson) Continue reading…
State Farm Mutual Automobile Insurance Co., et al, v. At Home Auto Glass LLC., et al, Case No. 8:21-CV-239-TPB-AEP(Middle District Court of Florida , Feb 6, 2025 – Judge Tom Barber)
(The court denied plaintiff’s motion for reconsideration of the court’s order on cross-motions for summary judgment, wherein plaintiff ceased payments to defendant for “unlawful solicitation and contracting with State Farm’s insureds”; the court finding in favor of defendant for having provided “value in exchange for the benefit received.”)