Applying ‘Hometown Precedent,’ Judge Refuses To Dismiss Claim As ‘Duplicative’

Mealey's (September 20, 2019, 1:01 PM EDT) -- FORT MYERS, Fla. — A federal judge in Florida on Sept. 17 denied an insurer’s motion to dismiss an insured’s claim for declaratory relief in a Hurricane Irma coverage dispute, rejecting the insurer’s reliance on a sister district court in arguing that dismissal is warranted because the claim is duplicative of the insured’s breach of contract claim (Rock Custom Homes, Inc. v. American Zurich Insurance Company, No. 19-607, M.D Fla., 2019 U.S. Dist. LEXIS 158908)....