Southern District of Florida Dismisses Insured’s Complaint for Failure to State a Claim
by Kelly M. Vogt
In Realty v. Westchester Surplus Lines Ins. Co., No.: 0:23-cv-61031-DPG, 2023 U.S. Dist. LEXIS 188270, Case (S.D. Fla. Oct. 19, 2023), the United States District Court for the Southern District of Florida granted an insurer’s motion to dismiss an insured’s claim for breach of an insurance policy. In Realty, the insureds generally alleged in their Complaint that the insured property “sustained a covered loss due to a weather-related occurrence” causing “physical damage.” However, the insureds did not identify the type of loss suffered, why it was covered under the policy and under what specific sections, what obligations the insurer had under the policy, how the insurer breached those obligations, and what specific damages the insured has suffered. The Court held that, therefore, the insureds failed to state a claim and dismissed their Complaint.
Kelly Vogt is the Co-Managing Partner of Clausen Miller’s Florida offices. She focuses her practice on first party property and insurance coverage matters. She is also experienced in the areas of third party liability, appellate law, general civil litigation, and professional liability defense.