In a case of first impression, the Eleventh Circuit held that when a claim sounds in fraud, based on the underlying allegations, it must comply with Federal Rule 9(b)’s particularity requirement. This requirement applies to claims asserting violations of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). Because the plaintiff failed to plead his FDUTPA…
Author: Kamryn Alexander
Summary Judgment for Insurer Improper in Bad Faith Case Where Insurer Failed to Initiate Settlement Negotiations After Deadly Shooting
A reasonable jury could have found that a property insurer knew or should have known it was clearly liable to pay its insured the $50,000 policy limit in a case involving a bar fight gone wrong, culminating in a deadly shooting. Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., No. 22-12675, 2025…
Interpretation of Competing “Other Insurance” Clauses Turns on Policy Language, Not Broad Categories or Labels
In Gemini Insurance Co. v. Zurich American Insurance Co., No. 22-13495, __ F.4th__, 2024 WL 4553123, (Oct. 23, 2024), two insurance companies disputed what share of a $2 million settlement each was required to pay under Florida law. The answer turned on the interpretation and interaction of two “other insurance” clauses. Gemini and Zurich both…