Sara Meir v. Westchester Surplus Lines Insurance Company

── Sara Meir v. Westchester Surplus Lines Insurance Company ── Court: Court of Appeals for the Eleventh Circuit Date: April 16, 2026 Category: NEW USCA11 Case: 25-11669 Document: 27-1 Date Filed: 04/16/2026 Page: 1 of 13 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11669 ____________________ SARA MEIR, SARA MEIR A/A/O JACOB MEIR, Plaintiffs-Appellants, versus WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:25-cv-60039-DSL ____________________ USCA11 Case: 25-11669 Document: 27-1 Date Filed: 04/16/2026 Page: 2 of 13 2 Opinion of the Court 25-11669 Before ROSENBAUM, LAGOA, and MARCUS, Circuit Judges. PER CURIAM: Appellant Sara Meir, individually and as assignee of her son Jacob Meir, appeals the district court’s orders dismissing her com- plaint without prejudice and denying leave to amend. On appeal, Ms. Meir argues that the district court improperly imposed plead- ing requirements that exceeded those necessary to prove her claims. She further contends that the district court should have granted her leave to amend the complaint. After careful review of the record and relevant authority, we affirm. I. FACTUAL AND PROCEDURAL HISTORY This matter centers on Policy No. FSF1632157600 003 (the “Policy”), which Appellee Westchester Surplus Lines Insurance Company (“Westchester”) issued to Ms. Meir and her son for cov- erage on their residential property (the “Property”). Ms. Meir al- leges that this policy, which took effect on August 2, 2023, was an “all-risks” policy that covered all damages not specifically excluded by the policy’s express terms. 1 Ms. Meir alleges that, around October 5, 2023, the Property experienced “accidental discharge and leakage of water caused by the breaking apart, cracking, and collapse of a portion of [its] plumbing system[,]” resulting in damage to the flooring and vanity in the bathrooms and to the floors, walls, and cabinetry in the 1 Westchester disputes that the Policy is an “all-risks” policy. USCA11 Case: 25-11669 Document: 27-1 Date Filed: 04/16/2026 Page: 3 of 13 25-11669 Opinion of the Court 3 kitchens. So, on November 21, 2023, Ms. Meir reported the dam- age and filed Claim No. KY23K3064798 (the “Claim”) with Westchester against the Policy. On January 11, 2024, Ms. Meir sub- mitted a Sworn Statement in Proof of Loss to Westchester, apprais- ing her claim at $213,952.97 with supplemental claims up to $22,873.17. Westchester denied coverage for the Claim, through a cov- erage determination letter dated March 27, 2024. As Westchester described in the letter, it first engaged an independent field ad- juster, who inspected the water damage as presented by the Meirs’ public adjuster. Because Westchester’s field adjuster could not ver- ify the damage, Westchester then retained an engineering firm. Based on its inspection, research, and review, the firm concluded there were multiple independent sources of plumbing-related dam- age within the Property. 2 In addition, the firm t