FORT MYERS — A Florida federal judge denied a motion to remand a lawsuit against an insurer for property damage that happened during Hurricane Irma.
U.S. District Judge Tom Barber denied Alyce Joyce's motion to remand as moot and denied the amended motion to remand, according to the April 21 order filed in U.S. District Court for the Middle District of Florida.
Barber wrote that when Joyce received an estimate for repairs that exceeded the state court limit, the insurance company was allowed to remove the case to federal court.
"The estimate outlined the various charges and necessary repair items needed to fix Joyce’s roof and lanai enclosure, which exceeded $75,000," Barber wrote. "This information opened the door for Hartford to properly remove the case to federal court."
Joyce had an insurance policy with Hartford Insurance Company of the Midwest and reported damage done to her home that totaling $57,897.81, and Hartford denied the claim.
Joyce then filed a lawsuit against Hartford for breach of contract on Nov. 12. Joyce demanded $91,005.17 in insurance benefits from Hartford, which Hartford again denied the claim and asked her to provide a copy of the repair estimate, which she provided.
Hartford then removed the case to federal court, which Joyce argued was not done in a timely manner because it did not remove the case within 30 days of receiving the civil remedy notice (CRN).
Hartford then argued that it couldn't remove the case until it received the discovery response on Jan. 14 that included the repair estimate, to which Barber agrees.
"Considering the above, the remaining issue before the Court is whether the repair estimate sent to Hartford on January 14, 2020, amounts to 'other paper' from which Hartford first learned the case was removable," Barber wrote. "The answer is yes."
Barber denied the motion to remand as moot and denied her amended motion to remand, the document states.
U.S. District Court for the Middle District of Florida case number: 2:20-cv-00101