Pauly et al v. Hartford Ins. Co. of the Midwest, 2:24-cv-00874-SPC-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Judge Polster Chappell)

Denying Plaintiffs’ Rule 60 Motion for Reconsideration, reaffirming that replacement cost value (RCV) damages cannot be recovered unless the insured has actually incurred replacement costs, aligning with Universal Prop. & Cas. Ins. v. Qureshi, 396 So. 3d 564 (Fla. Dist. Ct. App. 2024) and Ceballo v. Citizens Prop. Ins., 967 So. 2d 811, 815 (Fla. 2007). Rejected the Plaintiffs’ reliance on Brito v. Citizens Prop. Ins. Corp., 2025 WL 1699788 (Fla. Dist. Ct. App. June 18, 2025), finding it neither binding nor persuasive, and emphasized that non-binding authority does not constitute an intervening change in controlling law warranting reconsideration.
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-00874-92-2-cv