United States District Court, M.D. Florida, Fort Myers Division
OPINION AND ORDER
E. STEELE SENIOR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on defendant's Motion for
Summary Judgment (Doc. #77), plaintiff's Response in
Opposition (Doc. #90), and defendant's Reply (Doc. #94).
For the reasons set forth below, the Motion is denied.
case involves an insurance coverage dispute for damages to
plaintiff's country club property in Naples, Florida from
Hurricane Irma. Plaintiff Grey Oaks Country Club, Inc.
(plaintiff or Grey Oaks) alleges that Zurich American
Insurance Company (defendant or Zurich) breached its coverage
obligations to Grey Oaks under a commercial insurance policy,
which is attached to the Amended Complaint (Count I), and
acted in bad faith in contravention of Fla. Stat. §
624.155 (Count II). The Court dismissed Count II (Doc. #8);
therefore, only the breach of contract count for
defendant's failure to compensate Grey Oaks in the full
amount of its damages and loss resulting from Hurricane Irma
now moves for summary judgment in its favor, raising one
argument - that Grey Oaks cannot establish the damages
element of their breach of contract claim because Zurich has
already paid Grey Oaks all that it is due under the Policy,
as admitted by Grey Oaks in interrogatory responses. Grey
Oaks states that those amounts were only a snapshot of Grey
Oaks' damages and summary judgment is premature because
discovery remains open until November 18, 2019.
undisputed material facts are as follows: Zurich American
issued commercial insurance policy no. CPO 2881188-11
(10/1/16-10/1/17) (the “Policy”) to Grey Oaks.
The Policy provides first-party coverage for Grey Oaks'
country club property.
sustaining a loss on or about September 10, 2017 due to
Hurricane Irma, Grey Oaks reported the loss to Zurich. Zurich
investigated and adjusted the claim and, prior to the filing
of this lawsuit, issued insurance proceeds to Grey Oaks
totaling $3, 971, 016.49. (Doc. #77-2, ¶¶ 6-12
Affidavit of Patrick Sheridan.) Grey Oaks seeks damages under
four separate coverages in the Policy: (1) Golf Course
Outdoor Grounds; (2) Real and Personal Property; (3) Debris
Removal; and (4) Expense to Reduce Loss. (Doc. #77-3, p. 6.)
Response to Interrogatory No. 8 dated June 18, 2019 (Doc.#77-3),
Grey Oaks identifies the various categories of damages it is
seeking under each of these coverages. Grey Oaks'
response to Interrogatory No. 8 reads as follows:
Grey Oaks intends to prove the following damages under four
coverages within the Policy: (1) Golf Course Outdoor Grounds
Coverage, (2) the Real and Personal Property Coverage Form,
(3) the Debris Removal Coverage, and (4) the Business Income
Coverage/Expense to Reduce Loss. The breakdown by coverage is
as follows, though certain damages may fall within more than
GOLF COURSE OUTDOOR GROUNDS
(1) Golf Course Work: $533, 392.00
(2) Damaged Tree Removal: $3, 687, 292.78
(3) Irrigation and Path Repairs:2 $282, 811.61
(4) Debris Hauling:3 $404, 295.94
(5) Fuel:4 $19, 069.21
(6) Stump Removal: $334, 036.32
(7) General Labor:5 $316, ...