Zozo Investments LLC et al v. First Community Ins. Co., 2:24-cv-00939-JLB-KCD (U.S. District Court Middle District of Florida Fort Myers Division, June 25, 2025 – Judge Badalamenti)

Ruling that the plaintiffs’ breach of contract claim was time-barred under 42 U.S.C. § 4072 because they filed suit more than one year after the defendant mailed the first denial letter on March 13, 2023. The Court rejected the plaintiffs’ argument that the statute of limitations was triggered by a later denial based on a sworn proof of loss, citing consistent precedent that the one-year period begins with the initial denial regardless of whether it was based on a proof of loss (see Raulerson v. Am. Strategic Ins. Corp., 2025 WL 1133767, at *3; 4922 Mgmt. LLC v. Selective Ins. Co., 2025 WL 417701, at *3). https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-00939-27-2-cv