Leavitt Recreation & Hospitality Insurance, Inc. v. Florida Caverns R.V. Resort, LLC
In a negligent procurement of insurance case arising from Hurricane Michael, the First DCA reversed summary judgment entered against an RV park owner who alleged its insurance broker failed to obtain coverage for power stations damaged in the storm. The court held that a negligent procurement plaintiff is not required to produce an actual prior insurance policy expressly covering the disputed risk — the broker's own agent admission that the coverage was available under the very policy at issue sufficed to create genuine issues of material fact precluding summary judgment.
Key facts
- Florida Caverns purchased an RV park adjacent to Florida Caverns State Park in September 2018 and, through Leavitt Recreation, obtained a commercial property policy effective October 5, 2018; the policy did not expressly include or exclude coverage for the park's 200-plus RV hook-up power stations.
- Hurricane Michael struck directly over the park on October 10, 2018, just five days after the policy's effective date, causing approximately $1.097 million in damage to 201 RV utility pedestals.
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Holdings
- In a negligent insurance procurement action, producing an actual prior insurance policy expressly covering the disputed risk is not the exclusive method of proving coverage availability…
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