Florida Middle District Grants Partial Summary Judgment to Insurer
By Kelly M. Vogt
In Wood vs. Geovera Specialty Ins. Co., 2024 U.S. Dist. LEXIS 152302, Case No.: 2:23-cv-294-JLB-NPM (M.D. Fla. Aug. 26, 2024), Nancy and John Wood sued GeoVera Specialty Insurance Company for breach of contract, alleging that GeoVera failed to fully pay an appraisal award after Hurricane Ian damaged their property. The court ruled on cross-motions for summary judgment, granting GeoVera’s motion in part and denying the Woods’ motion entirely.
GeoVera argued that it fulfilled its contractual obligations by paying the maximum coverage allowed under the policy for damage to the pool enclosure, roof, and dwelling interior. The court agreed with GeoVera, in part, determining that the $5,000 limit for the swimming pool enclosure, as outlined in the policy, had been satisfied and granted summary judgment on this issue. However, the court denied GeoVera’s motion regarding roof and interior damage, stating that genuine issues of material fact existed about whether GeoVera satisfied the required payment for other damage under the policy terms.
The court also granted GeoVera’s motion to strike the affidavit from the Woods’ public adjuster, who claimed that wind caused the interior damage, as it introduced extrinsic evidence beyond the face of the appraisal award.
In issuing its ruling, the court strongly suggested that the parties negotiate an amicable resolution.
Kelly M. Vogt