Lamonica v. Hartford Ins. Co. of the Midwest, No. 5:19CV78-RH-MJF, 2019 WL 8063350, (N.D. Fla. Nov. 27, 2019)
This case concerned a claim for damage to a residential property as a result of Hurricane Michael in October 2018. Hartford Insurance Company of the Midwest successfully defeated a motion for partial summary judgment in which the insured argued, in part, that the insurer waived its coverage position by tendering payment post suit. Acknowledging that Hartford had explicitly reserved all of its defenses in tendering payment, the district court relied on longstanding Florida law to find that “coverage cannot be extended by estoppel, at least in the absence of detrimental reliance on the insurer’s acknowledgment of coverage.” The court consequently denied plaintiff’s motion for partial summary judgment and its companion motion to tax fees and costs.