Pleasant Hill Christian Church Ministries, Inc. v. Ohio Sec. Ins. Co.

By: Schyeler S. Gilman

Case No. 2:24-cv-417-KCD-DNF (Dec. 10, 2025)

(United States District Court Middle District of Florida, Fort Myers Division)

The United States District Court for the Middle District of Florida granted Plaintiff’s, Pleasant Hill Christian Church Ministries, Inc., Motion for Summary Judgment against Ohio Security Insurance Company.

The case arises from damage to Pleasant Hill’s building caused by Hurricane Ian. The parties agreed to submit their dispute over the amount of loss to appraisal. In June 2025, the appraisal panel awarded $274,531.94 in actual cash value (ACV) and $251,433.91 in replacement cost value (RCV) to the Plaintiff. Ohio Security did not pay the full ACV amount, disputing portions related to $15,330.86 for roof tarping services and $49,173.20 for roof shrink wraping services, citing causation and coverage defenses.

The Court held that under Florida law, once an appraisal award is issued, an insurer may not challenge coverage for individual components of the award. Citing Three Palms Pointe, Inc. v. State Farm Fire & Cas. Co., 250 F. Supp. 2d 1357, 1362 (M.D. Fla. 2003), the Court explained that an insurer may only contest coverage as to the loss as a whole or assert traditional affirmative defenses (such as fraud, lack of notice, or failure to cooperate). Ohio Security’s attempt to challenge only the tarp and shrink wrap portions of the award was therefore improper.

Although Ohio Security asserted affirmative defenses relating to alleged post-loss noncompliance and policy conditions, it failed to provide any admissible evidence creating a triable issue on those defenses. Accordingly, the Court confirmed the ACV appraisal award and directed Ohio Security to pay the remaining ACV balance. The Court deferred entry of final judgment pending a status report from the parties on whether any additional issues remain for adjudication.