Mackv.USAA Casualty Insurance Co.
Leroy Mack totaled his car and accepted USAA’s payment based on the insurer’s CCC ONE valuation system, then sued on behalf of himself and a proposed class. He sought declarations that USAA’s valuation method violated Florida law and the policy, supplemental relief requiring recalculation and new offers, and damages for unpaid title and license fees. The Eleventh Circuit considered whether the remaining declaratory claims presented an Article III case or controversy after the damages claim became moot. It held that Mack lacked standing to seek prospective declarations because the possibility that he might total another car while insured by USAA was too contingent to establish a substantial likelihood of future injury. The request for supplemental relief did not convert the declaratory claims into retrospective claims, and the court would not rewrite the complaint to create standing. The court vacated the district court’s dismissal and remanded with instructions to remand the unsettled declaratory claims to Florida state court.
Loading published copy…

