Steadfast Storm Systems Inc. v. Evanston Ins. Co., No. 2:24-cv-01044-JLB-KCD (U.S. District Court Middle District of Florida Fort Myers Division, July 16, 2025 – Judge Badalamenti)

Granting Evanston’s motion to dismiss, ruling that Steadfast Storm Systems, Inc. failed to state a claim for breach of contract or wrongful refusal to defend because the insurance policy explicitly excluded coverage for claims “in any way involving” sexual misconduct, including sexual assault, which was alleged in the employee’s demand letter (see Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co., 527 F. Supp. 2d 1355, 1365 (M.D. Fla. 2007)). The Court found that amendment would be futile given the clear language of the policy exclusion and dismissed the complaint with prejudice (see Hall v. United Ins. Co. of Am., 367 F.3d 1255, 1262–63 (11th Cir. 2004)). https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-01044-41-2-cv