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Date: 03-20-2024

Case Style:

Sheriff Gregory Tony v. Evanston Insurance Company

Case Number: 0:22-cv-62076-WPD

Judge: William P. Dimitrouleas

Court: United States District Court for the Southern District of Florida (Broward County)

Plaintiff's Attorney: Jason Seth Mazer, 305-374-6484; Joshua Ryan Alhalel, 305-563-9060; David Lawrence Ferguson, Seth David Haimovitch, 954-525-4100.

Defendant's Attorney: Jedidiah David Vander Klok, Jordan H. Lewis, Kristen Dana Perkins

Description: Fort Lauderdale, Florida insurance law lawyers represented the Plaintiff who sued on a breach of insurance contract theory.

This was a declaratory judgment action in which Plaintiff sought clarification as to insurance obligations for litigation arising from the February 2018 massacre at Marjory Stoneman Douglas High School in Parkland, Florida (the “Parkland Shooting Incident”). The Broward Sheriff's Office's (“BSO”) insurance policy from Defendant that was in effect at the time of the Parkland Shooting Incident had a per occurrence Self-Insured Retention of $500,000. At issue in this action is what the word “occurrence” in the insurance policy means. Plaintiff contends that the entire Parkland Shooting Incident is a single occurrence, such that the BSO need only satisfy the $500,000 Self-Insured Retention once before there is insurance coverage. Defendant contends that each victim of the Parkland Shooting Incident constitutes a separate occurrence, such that the BSO must satisfy the $500,000 Self-Insured Retention separately for each victim before there is insurance coverage.

Outcome: 03/20/2024 110 OMNIBUS ORDER ON MOTIONS FOR SUMMARY JUDGMENT granting 88 Motion for Summary Judgment; denying 93 Motion for Summary Judgment. Signed by Judge William P. Dimitrouleas on 3/20/2024. See attached document for full details. (pcs) (Entered: 03/20/2024)
03/20/2024 111 FINAL JUDGMENT in favor of Gregory Tony against Evanston Insurance Company Closing Case. Motions terminated: 108 Plaintiff's MOTION to Strike Evanston's Demand for Jury Trial filed by Gregory Tony. Signed by Judge William P. Dimitrouleas on 3/20/2024. See attached document for full details. (pcs) (Entered: 03/20/2024)

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