Ibekwe et al v. Liberty Mutual Fire Insurance Company

Filing 14

ORDER denying 13 Defendant's Motion for summary judgment. Signed by Judge James S. Moody, Jr on 12/21/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CHUKS IBEKWE and
LINDA MONTGOMERY,
Plaintiffs,
v.

Case No. 8:12-cv-2355-T-30MAP

LIBERTY MUTUAL FIRE INSURANCE
COMPANY,
Defendant.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendant’s Motion for Summary
Judgment (Dkt. 13). The Court, upon consideration of the motion, and being otherwise
advised of the premises, concludes that the motion should be denied.
In this insurance case, Defendant moves for summary judgment on its counterclaim
that requests the Court to interpret the meaning of the term “structural damage” as it is used
in the insurance policy. This Court has addressed this same issue in three previous cases.
See Zawadzki v. Liberty Mut. Fire Ins. Co., 2012 WL 3656456 (M.D. Fla. Aug. 23, 2012);
Garcia v. First Liberty Ins. Corp., 2012 WL 5328660 (M.D. Fla. Oct. 29, 2012); Leon v.
First Liberty Ins. Corp., 2012 WL 5417294 (M.D. Fla. Nov. 6, 2012). Notably, Defendant’s
counsel in this case also represented the defendants in Zawadzki, Garcia, and Leon, and the
motions for summary judgment filed in each case, including the instant case, are nearly
identical.

Accordingly, although the instant motion was recently filed, the Court need not wait
to review Plaintiffs’ response because it will not impact the Court’s holding, which will not
depart from the Court’s three prior holdings. Simply put, for all the reasons discussed in
Zawadzki, Defendant’s motion is denied. See 2012 WL 3656456, at **1-7.
It is therefore ORDERED AND ADJUDGED that:
1.

Defendant’s Motion for Summary Judgment (Dkt. 13) is DENIED.

DONE and ORDERED in Tampa, Florida on December 21, 2012.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-cv-2355.denysumjudg.frm

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