Florida Caverns R v. Resort, LLC, D/B/A Etc. v. Leavitt Recreation & Hospitality Insurance, Inc.

CourtDistrict Court of Appeal of Florida
DecidedJuly 30, 2025
Docket1D2023-3022
StatusPublished

This text of Florida Caverns R v. Resort, LLC, D/B/A Etc. v. Leavitt Recreation & Hospitality Insurance, Inc. (Florida Caverns R v. Resort, LLC, D/B/A Etc. v. Leavitt Recreation & Hospitality Insurance, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Caverns R v. Resort, LLC, D/B/A Etc. v. Leavitt Recreation & Hospitality Insurance, Inc., (Fla. Ct. App. 2025).

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2023-2119 _____________________________

LEAVITT RECREATION & HOSPITALITY INSURANCE, INC.,

Appellant,

v.

FLORIDA CAVERNS R.V. RESORT, LLC, d/b/a Florida Caverns R.V. Resort at Merritt’s Mill Pond,

Appellee. _____________________________

No. 1D2023-3022 _____________________________

FLORIDA CAVERNS R.V. RESORT, LLC, d/b/a Florida Caverns R.V. Resort at Merritt’s Mill Pond,

On appeal from the Circuit Court for Jackson County. Ana Maria Garcia, Judge. July 30, 2025

KELSEY, J.

We previously consolidated these related cases for assignment to the same panel of judges, and now consolidate them for disposition. Case Number 23-3022 is Florida Caverns’ appeal from a summary judgment dismissing its complaint with prejudice. Case Number 23-2119 is Leavitt’s appeal from an order denying its motion for attorney’s fees under a proposal for settlement. We reverse the summary judgment and remand for further proceedings on the merits. In light of that disposition, we decline to address the order denying fees, and dismiss that appeal as premature.

_____________________________

Case No. 23-3022, Merits Dispute.

Florida Caverns, a privately-owned company, owns and operates a park for recreational vehicles (RVs) near the Florida Caverns State Park in Marianna, Florida. As its name suggests, the State Park features a wet limestone cave system, which is open to public tours—the only Florida state park of its kind. Essential to the operation of the RV park are the RV hook-up towers—also called pedestals or power stations—which provide the RVs, as well as some tent-camping sites, with electricity and water at a minimum; and for RV sites, sewage; and in some sites also cable and Wi-Fi access.

When Florida Caverns purchased the RV park out of bankruptcy in September of 2018, its owner, Erwin Jackson, contacted Leavitt Recreation to secure commercial property insurance. Leavitt is a broker, a nationwide company that specializes in insurance for RV parks and related businesses. Mr. Jackson testified that he had obtained such insurance from Leavitt for another RV park he owned, and that policy covered the power stations. In dealing with Leavitt on the cavern RV park, Mr.

2 Jackson asked the agent to visit the property, but the agent declined and instead said that Google Maps or a similar electronic view of the park would suffice. Mr. Jackson provided information to the agent about the operations of the RV park and related business premises. Mr. Jackson testified that he also gave the Leavitt representative a detailed map of the RV park that showed all sites, identified the 200-plus sites with utility hook-ups, and showed the details of the services provided at each hook-up (including electric amperage available as well as water, sewer, internet, and cable). He testified that the agent expressly asked about utilities provided at the park sites. Mr. Jackson testified that he requested whatever insurance coverage would be adequate to protect against damage and loss to the business premises (i.e., not merely loss of income). He denied that he would have rejected additional coverage requiring a higher premium; he simply wanted adequate coverage.

Mr. Jackson testified in his deposition, over a hearsay objection, that after the hurricane hit and he called the insurer (not the agent) about the damages, the insurer’s representative told him the power-station coverage had been available, and the agent should have told him if the coverage was going to be omitted. Mr. Jackson subsequently obtained insurance coverage for this property, which he testified included the power stations, from a different agency and insurer.

The Leavitt agent admitted that the company specializes in the RV-park-owners market, and that he acted as an agent for his clients like Mr. Jackson, in addition to acting as agent for insurance providers. It was part of his job to collect detailed information for underwriters’ analysis; and to inform clients what coverages are and are not available, and what coverage they should consider getting. The Leavitt agent denied having received the park map from Mr. Jackson. The agent admitted that he suggested viewing the premises on a GPS satellite map and Google Maps, and did so.

The agent acknowledged that one of the inherent risks associated with campgrounds is their outdoor exposure. He acknowledged that Leavitt could and did offer coverage for damage to power stations; and if provided, that would be scheduled

3 separately within the policy. Per agency practice, the policy document did not specify all coverages that could have been included but were excluded. The agent at one point testified that he did not say anything specific to Mr. Jackson about this coverage, but later claimed broadly that they “went through” multiple coverages including power stations—though only by phone and not in writing—and Mr. Jackson elected not to obtain the coverage. Mr. Jackson vehemently denied having rejected the coverage.

The commercial insurance policy, titled “RV Park and Campground Application,” was issued with an effective date of October 5, 2018. The policy did not expressly specify whether power stations were included or excluded. It listed some available but not-included coverages, but that list did not include power stations. The Leavitt agent later testified that some power station damage might be covered under other categories in the policy.

On October 10, 2018, just days after the insurance contract was effective, Hurricane Michael passed directly over Florida Caverns, causing extensive damage to the RV park. The Leavitt agent e-mailed Mr. Jackson that the issued policy “may not have included insurance coverage for the premises utility pedestals.” In response to Florida Caverns’ claim for benefits under the insurance policy, the insurer denied coverage for damage to the RV power stations, asserting that no such coverage had been included in the policy.

Florida Caverns filed suit, expressly alleging that it sustained damages related to its power station sites. It alleged it had requested comprehensive coverage that would have and should have encompassed the power stations, and that it was customary in the industry to include such coverage because of the inherent necessity of the power stations to operating an RV park. The complaint further alleged that, if the policy excluded power-station coverage, Leavitt as broker had negligently failed to include that coverage, and that Florida Caverns would have received insurance proceeds covering the damage to the power stations but for Leavitt’s failures.

Leavitt answered the complaint and asserted twenty-six affirmative defenses. Among those defenses, Leavitt admitted that

4 “the measure of damages in a negligent procurement of insurance case is what would have been covered had the insurance been properly obtained.” Significantly, Leavitt admitted that power- station coverage was available. But Leavitt asserted that Florida Caverns was estopped to pursue these damages because Florida Caverns bore the burden to identify any inadequacies in the policy upon its issuance, and bring the inadequacies to Leavitt’s attention for correction. Alternatively, Leavitt alleged that Florida Caverns concealed or misrepresented information about the condition of its power stations, which Leavitt claimed were old, deteriorated, and uninsurable (which would appear to relate to damages and not liability). Further, Leavitt alleged Florida Caverns was informed about available coverage for the power stations, but expressly declined it to save money on the premium, and had declined such coverage for other similar properties.

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Florida Caverns R v. Resort, LLC, D/B/A Etc. v. Leavitt Recreation & Hospitality Insurance, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-caverns-r-v-resort-llc-dba-etc-v-leavitt-recreation-fladistctapp-2025.