USCA11 Case: 21-13405 Date Filed: 05/31/2022 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-13405
Non-Argument Calendar
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JODI JACOBS,
As Personal Representative of the
Estate of Barry Jacobs,
Plaintiff-Appellant,
versus
MID-CONTINENT CASUALTY COMPANY,
A foreign corporation,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 0:19-cv-61017-RKA
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USCA11 Case: 21-13405 Date Filed: 05/31/2022 Page: 2 of 2
2 Opinion of the Court 21-13405
Before WILSON, JILL PRYOR, and BRANCH, Circuit Judges.
PER CURIAM:
Appellant Mrs. Jodi Jacobs appeals the district court’s entry
of summary judgment in favor of Appellee Mid-Continent Casu-
alty Company (MCC). The district court found that Jacobs “failed
to meet her burden of apportioning her damages between the two
state-court defendants.”
We review de novo a district court’s grant of summary judg-
ment considering the facts and drawing all reasonable inferences in
the light most favorable to the non-moving party. Mann v. Taser
Int’l, Inc.,
588 F.3d 1291, 1303 (11th Cir. 2009).
Under Florida law, a plaintiff who settles with an insured de-
fendant and then sues the defendant’s insurer for indemnification,
bears the burden of establishing the allocation of the total damages
as between the covered and uncovered claims. Keller Indus., Inc.
v. Emps. Mut. Liab. Ins. Co.,
429 So. 2d 779, 780 (Fla. Dist. Ct. App.
1983) (collecting cases). If the insured fails to allocate its losses, it
is precluded from recovering against the insurer.
Id. Mrs. Jacobs
failed to produce any evidence that the settled claims at issue were
allocated as required under Florida law. As a result, MCC is enti-
tled to summary judgment. We affirm.
AFFIRMED.
