Michael Pugh, II and Alaina Pugh v. ASI Preferred Insurance Corporation
The Second District reversed the dismissal of a homeowners' breach of contract suit against their insurer on forum non conveniens grounds. Because the plaintiffs filed in a statutorily permissible venue — the county of the insurer's principal place of business — the burden shifted to the insurer to prove by affidavit or sworn proof that substantial inconvenience, undue expense, or the interest of justice required a transfer. The insurer offered no such evidence, making the dismissal an abuse of discretion.
Key facts
- Michael and Alaina Pugh sued ASI Preferred Insurance Corporation for breach of contract, filing in Pinellas County, where ASI has its principal place of business.
- ASI moved to dismiss for forum non conveniens, arguing Palm Beach County was more convenient because the insured property and the witnesses were located there.
- +2 more key facts with a free trial
Holdings
- Under sections 47.011 and 47.051, Florida Statutes, a plaintiff suing a domestic corporation may file where the corporation has or usually keeps an office for the transaction of its…
- +2 more holdings with a free trial
Why it matters
This decision cements the Second District's Simek rule for first-party property litigation: insurers cannot displace an insured's statutorily proper venue choice by unsworn assertion that the property and witnesses sit… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.