Colony Insurance Company v. Suncoast Medical Clinic, LLC et al

Filing 155

ORDER denying 154 Defendant's Oral Motion for Directed Verdict. Signed by Judge Virginia M. Hernandez Covington on 9/16/2011. (CAC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
COLLEEN A. ZIOLKOWSKI, as
Personal Representative of the
Estate of CHARLES J. ZIOLKOWSKI,
Deceased, as Assignee of
SUNCOAST MEDICAL CLINIC, LLC.,
Plaintiff,
v.

Case No. 8:09-cv-776-T-33TGW

LANDMARK AMERICAN INSURANCE
COMPANY,
Defendant.
/
ORDER
This cause is before the Court pursuant to Defendant
Landmark American Insurance Company’s Oral Motion for Directed
Verdict, made on September 7, 2011 (Doc. # 154). The Court
reserved ruling on the Motion. After a review of the evidence
and testimony from the trial and supplemental case law filed
by Landmark, the Court denies the Motion.
Federal

Rule

of

Civil

Procedure

50(a)

provides

for

judgment as a matter of law if “a reasonable jury would not
have a legally sufficient evidentiary basis to find for [a]
party on [an] issue.” The Eleventh Circuit has stated:
On motions for directed verdict and for judgment
notwithstanding the verdict, the Court should
consider all the evidence -- not just that evidence
which supports the non-mover’s case -- but in the
light and with all reasonable inferences most
favorable to the party opposed to the motion. If
the facts and inferences point so strongly and

overwhelmingly in favor of one party that the Court
believes that reasonable men could not arrive at a
contrary verdict, granting of the motions is
appropriate. On the other hand, if there is
substantial evidence opposed to the motions, that
is, evidence of such quality and weight that
reasonable and fairminded men in the exercise of
impartial
judgment
might
reach
different
conclusions, the motions should be denied, and the
case submitted to the jury.
Watts v. Great Atl. & Pac. Tea Co., 842 F.2d 307, 309 (11th
Cir. 1988) (citation omitted). A trial judge is not permitted
to weigh the evidence in considering such a motion. Id. at
310.
This case involved questions of coverage and exclusions
from coverage under a claims-made policy issued by Landmark
for Suncoast Medical Clinic. Florida law establishes a burdenshifting framework for insurance matters involving questions
of coverage and exclusions: “The burden is on the insured to
prove that the insurance policy covers a claim against it.
Once the insured shows coverage, the burden shifts to the
insurer to prove an exclusion applies to the coverage.” E.
Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So.2d 673, 678
(Fla. 3d DCA 2005).
Landmark asserts that Ziolkowski failed to meet her
initial burden in proving coverage and cites several cases in
support, primarily Myers v. Interstate Fire & Cas. Co., No.
8:06-cv-2347-T-30MAP, 2008 WL 276055 (M.D. Fla. Jan. 30,
-2-

2008), which cited Gulf Ins. Co. v. Dolan, Fertig & Curtis,
433 So.2d 512 (Fla. 1983). Landmark further asserts that even
if coverage were proven, it met its burden of establishing
that the claim was excluded from coverage because Suncoast had
knowledge of it prior to the policy term. These arguments do
not differ materially from the arguments Landmark made in its
motion for summary judgment, and the additional authority
cited does not change the Court’s reasoning in denying that
motion.
The jury was asked to decide if Ziolkowski established by
the preponderance of the evidence that the Landmark policy
covered the claim. If Ziolkowski met her burden, the jury was
asked to decide if Landmark established by the preponderance
of the evidence that Suncoast knew of an alleged act, error,
omission or circumstance likely to give rise to a claim
against it prior to the policy term. The jury found for
Ziolkowski on both issues, and substantial evidence supports
the verdict. The Court therefore denies the Motion.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED that:
Defendant’s Oral Motion for Directed Verdict (Doc. # 154)
is DENIED.

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DONE and ORDERED in Chambers in Tampa, Florida, this 16th
day of September, 2011.

Copies:
All Counsel of Record