Negligent Failure To Procure Insurance

37 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Karem Elena Romo v. Amedex Ins. Co.
  930 So. 2d 643· Fla. 3d DCA· 2006-02-22 ·cited 49×
  Karem Elena Romo appeals the dismissal of her second amended complaint against insurance companies and agents regarding coverage denial for her mother's liver transplant. The court reversed the dismissal, holding that the complaint adequately pleaded multiple causes of action inc
• Mich. Abrasive Co. v. Anne D. Poole
  805 F.2d 1001· 11th Cir.· 1986-12-10 ·cited 25×
  The court held that the jury's verdict for the sublessee was supported by substantial evidence on theories of negligence and breach of contract, and that the insurance broker's post-trial motions were properly denied.
• Fields v. Sedgwick Associated Risks, Ltd.
  796 F.2d 299· 9th Cir.· 1986-08-06 ·cited 25×
  The court held that the district court correctly dismissed the complaint for lack of personal jurisdiction because exercising jurisdiction over the defendants in California would be unreasonable.
• Sheridan v. Greenberg
  391 So. 2d 234· Fla. 3d DCA· 1980-11-25 ·cited 22×
  The court denied the petition for rehearing en banc.
• Bennett v. Berk
  400 So. 2d 484· Fla. 3d DCA· 1981-05-19 ·cited 20×
  Plaintiff Bennett appealed summary judgments dismissing his fire loss claim against an insurance broker and insurer after his fire coverage was cancelled. The court affirmed judgment against the insurer but reversed as to the brokers, finding genuine issues of fact regarding whet
• Woodham v. ROY
  471 So. 2d 132· Fla. 4th DCA· 1985-06-05 ·cited 18×
  The court held that limiting closing arguments to twelve minutes in a complex civil case constituted an abuse of discretion, requiring reversal.
• Wachovia Ins. Servs., Inc. v. Toomey
  994 So. 2d 980· Fla.· 2008-09-29 ·cited 17×
  The Florida Supreme Court answered three certified questions from the Eleventh Circuit regarding the assignment of insurance-related claims. The Court held that a settlement agreement can simultaneously assign causes of action against a third-party insurer while releasing the ins
• Prof'l Underwriters Ins. Co. v. Freytes & Sons Corp., Inc.
  565 So. 2d 900· Fla. 5th DCA· 1990-08-23 ·cited 15×
  Professional Underwriters Insurance Company appeals a trial court judgment that estopped it from enforcing a liquor liability exclusion in a commercial insurance policy issued to a convenience store operator. The Florida appellate court reversed, holding that estoppel cannot be u
• Rollins Burdick Hunter OF NEW York, Inc. v. Euroclassics Ltd., Inc.
  502 So. 2d 959· Fla. 3d DCA· 1987-02-03 ·cited 15×
  An insurance broker (RBH) appealed a judgment for the insured (Euroclassics) in a coverage dispute involving an airplane used for drug smuggling. The court reversed, holding that the trial court abused its discretion by denying RBH's motion to compel discovery when the insured in
• Freeman v. Schmidt Real Est. & Ins., Inc.
  755 F.2d 135· 8th Cir.· 1985-02-20 ·cited 13×
• Burgess v. Charlottesville Sav. & Loan Ass'n
  477 F.2d 40· 4th Cir.· 1973-04-09 ·cited 12×
  The court held that the district court lacked federal question jurisdiction because the plaintiff's claim, though arising from a disclosure form related to the Truth in Lending Act, was fundamentally a state law contract dispute.
• DuPONT v. Parker & Co. OF Fla., Inc.
  190 So. 2d 388· Fla. 3d DCA· 1966-09-27 ·cited 10×
  DuPont appeals a summary judgment dismissing his contract claims against his insurance broker Parker and Company, and a directed verdict on his negligence claim. The court affirmed, holding that DuPont's contract claims were barred by the three-year statute of limitations for ora
• Allstate Indem. Co. v. Oser
  893 So. 2d 675· Fla. 1st DCA· 2005-02-17 ·cited 9×
  Allstate petitions for certiorari to challenge three trial court orders in a bad-faith insurance action brought by Timothy Oser and Sabrina Patterson. The court holds that bad-faith claims may proceed even without simultaneous litigation of coverage issues when those issues have
• Blumberg v. USAA Cas. Ins. Co.
  729 So. 2d 460· Fla. 4th DCA· 1999-03-17 ·cited 9×
  Blumberg sued his insurance agent Bruner for negligently failing to procure adequate insurance coverage for valuable sports cards that were stolen from his home. The trial court granted summary judgment to Bruner based on the statute of limitations, finding the cause of action ac
• Liberty Mut. Ins. Co. v. Weiss
  790 So. 2d 475· Fla. 3d DCA· 2001-06-06 ·cited 8×
  The court held that a business auto policy issued to a corporation does not provide uninsured motorist coverage to an officer who is a pedestrian, as the policy language must be given effect as written.
• Richmond Capell v. Hubert and Zoe Gamble
  733 So. 2d 534· Fla. 1st DCA· 1998-07-29 ·cited 8×
  The court held that the appellees failed to present sufficient evidence of damages, as the measure of damages in a negligent procurement of insurance case is what would have been covered had the insurance been properly obtained.
• Morgan Int'l Realty, Inc. v. Dade Underwriters Ins. Agency, Inc.
  524 So. 2d 451· Fla. 3d DCA· 1988-03-29 ·cited 8×
  Morgan International Realty and its president sued their insurance agent for negligently failing to procure malicious prosecution insurance coverage. The trial court granted summary judgment for the insurance agent, but the appellate court reversed, finding genuine issues of mate
• Gust K. Newberg Constr. Co. v. E.H. Crump & Co.
  818 F.2d 1363· 7th Cir.· 1987-05-15 ·cited 8×
  An insurance broker has no duty to inform the insured of specific exclusions in an 'all risk' policy when the insured did not request coverage for the excluded peril and was in a better position to know its own needs.
• Kendall S. Med. Ctr., Inc. v. Consol. Ins. Nation, Inc.
  219 So. 3d 185· Fla. 3d DCA· 2017-05-10 ·cited 7×
  Kendall South Medical Center appeals the dismissal of its negligent procurement of insurance claim against Insurance Nation. The court reverses the dismissal, holding that Kendall South has adequately alleged a cause of action by claiming the agent failed to explain how the polic
• Mondesir v. Delva
  851 So. 2d 187· Fla. 3d DCA· 2003-06-11 ·cited 7×
  Leon Mondesir, an insurance agent, appeals a judgment for negligent procurement of insurance after failing to appear at trial. The court affirmed the judgment, holding that Delva sufficiently proved damages and that Mondesir's default prevented him from relying on co-defendants'
• Underwood Anderson & Assocs., Inc. v. Lillo's Italian Rest., Inc.
  36 So. 3d 885· Fla. 1st DCA· 2010-06-04 ·cited 4×
  Underwood Anderson & Associates, an insurance agent, appealed a trial court judgment awarding attorney's fees under Florida Statute Section 627.428 after a negligent procurement claim. The First District reversed, holding that an insurance agent is not an "insurer" under the stat
• McKAY v. State Farm Fire & Cas. Co.
  731 So. 2d 852· Fla. 4th DCA· 1999-05-12 ·cited 4×
  Shelley McKay, as assignee of rights from both unit owners and a condominium association, appeals the dismissal of her negligence action against State Farm and its insurance agent for failing to procure proper insurance coverage. The court holds that the negligence claim was not
• Friedman v. DeSOTO Park N. Condo. Ass'n
  678 So. 2d 391· Fla. 4th DCA· 1996-07-10 ·cited 4×
  A trial court's denial of a motion to consolidate separate lawsuits involving different defendants and distinct theories of recovery is within the court's sound discretion and does not warrant certiorari review absent the rare circumstance where inconsistent verdicts would result
• Blum v. Sweet Ins. Agency, Inc.
  157 So. 2d 709· Fla. 3d DCA· 1963-11-12 ·cited 4×
  Plaintiffs appealed a summary judgment dismissing their negligence action against an insurance agency and insurer for failure to procure fire insurance coverage for vacant property. The court affirmed, finding that plaintiffs failed to establish genuine issues of material fact re
• Endurance Am. Specialty Ins. Co. v. Safeco Ins. Co. of Ill.
  34 F.4th 978· 11th Cir.· 2022-05-16 ·cited 2×
  The court held that Safeco did not breach its contract with Comegys or the implied covenant of good faith and fair dealing, and Endurance was not entitled to recovery under the indemnification provision.
• Gwynn v. Daly Agency, Inc.
  759 So. 2d 20· Fla. 3d DCA· 2000-03-22 ·cited 2×
  The appellate court reversed a summary judgment for the insurance agencies on a claim of negligent procurement of workers' compensation insurance, finding that the agencies failed to secure officer coverage as intended by the employer.
• Great Lakes Reinsurance (UK) PLC v. Morales
  760 F. Supp. 2d 1315· S.D. Fla.· 2010-12-09 ·cited 1×
  The court held that material misrepresentations in the insurance application voided the marine insurance policy, and that the defendant breached his loan agreement with the bank.
• Brown & Brown of Fla., Inc. v. Houligan's Pub & Club, Inc.
  Fla. 5th DCA· 2026-01-02
  An insurance broker appeals a jury verdict finding it breached fiduciary duties and made negligent misrepresentations to restaurant clients regarding hurricane damage coverage. The court affirms liability but reverses and remands for a new damages trial because the jury improperl
• Brown & Brown of Fla., Inc. v. Houligan's Pub & Club, Inc.
  Fla. 5th DCA· 2026-01-02
  Breach of fiduciary duty and negligent misrepresentation claims against an insurance broker are not subject to the Capell standard requiring proof of available insurance; however, damages cannot be calculated based on a policy previously determined to provide no coverage, requiri
• Leavitt Rec. & Hospitality Ins., Inc. v. Fla. Caverns R.V. Resort, LLC
  Fla. 1st DCA· 2025-07-30
  An insured need not produce an executed insurance policy from before the loss to prove that omitted coverage was available; testimony from the broker's own agent that the coverage was available and discussed with the insured, combined with evidence of industry custom and subseque
• Fla. Caverns R.V. Resort, LLC v. Leavitt Rec. & Hospitality Ins., Inc.
  Fla. 1st DCA· 2025-07-30
  An insured need not produce an executed insurance policy predating the loss to prove that omitted coverage was available; testimony from the broker's agent that the coverage was available and discussed with the insured, combined with evidence of industry custom and the insured's
• Venetian Isle, Inc. v. Assured P'rs of Fla., LLC
  M.D. Fla.· 2025-04-04
  The court held that state law negligence claims arising from disputes under the National Flood Insurance Program are preempted by federal law and that the court lacked subject matter jurisdiction over the claims.
• Deshong & Sons Contractors, Inc. v. Wallworks, Inc.
  Del. Super. Ct.· 2024-10-23
  The Court denied the motion to dismiss, finding that Rule 14 permits a third-party claim for negligent procurement of insurance, that the statute of limitations defense requires further factual development, and that arguments raised for the first time in a reply brief are waived.
• AAA Cap. Funding, Inc. v. Desange
  Fla. 3d DCA· 2024-10-16
  A plaintiff seeking damages for negligent hiring and retention based on an employee's failure to procure insurance must present evidence of the policy terms, coverages, and loss payments that would have been made under the policy; repair estimates and damage amounts alone are ins
• Whennen v. Insuremart. Inc.
  M.D. Fla.· 2021-12-10
  A plaintiff has sufficiently stated a claim for negligent procurement of insurance against a broker who allegedly failed to follow up on a request to replace a driver on insurance policies.
• Lexington Club Cmty. Ass'n, Inc. v. Love Madison, Inc.
  253 So. 3d 632· Fla. 4th DCA· 2018-08-15
  In a negligent procurement of insurance action under Florida law, the measure of damages is the loss that would have been covered had proper insurance been obtained; where no loss occurs, the insured cannot recover the premium paid absent a separate theory of recovery such as unj
• Miller v. Liberty Mut. Ins. Co.
  438 So. 2d 939· Fla. 3d DCA· 1983-10-04
  A deceased employee's estate sued the employer and its insurer after the employee was hit by an uninsured motorist and found to have inadequate uninsured motorist coverage. The court reversed the dismissal of the insurer, holding that allegations that the employer agreed to provi