[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-12518 ____________________

PRIME PROPERTY AND CASUALTY INSURANCE COMPANY, a foreign corporation, Plaintiff-Counter Defendant-Appellant-Cross Appellee, versus KEPALI GROUP, INC., YORDANI OLIVA RODRIGUEZ,

Defendants-Counter Claimants-Cross Claimants, Appellees,

JACQUELINE RONEY, JACKERLINE ROSE RONEY, USCA11 Case: 23-12518 Document: 84-1 Date Filed: 05/02/2025 Page: 2 of 19

2 Opinion of the Court 23-12518

Defendants-Appellees,

BROWN & BROWN OF FLORIDA, INC., NORMAN L. MORRIS,

Counter Defendants-Cross Defendants-Appellees.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:21-cv-81787-WPD ____________________

Before JORDAN, LAGOA, and TJOFLAT, Circuit Judges. JORDAN, Circuit Judge: This case requires us to decide whether, under Florida law, a corporate vehicle was covered at the time of an accident under a commercial automobile insurance policy’s after-acquired auto pro- vision. I A Kepali Group procured and adjusted insurance for its fleet of vehicles through an insurance agent at Brown & Brown of Florida. Prime Property & Casualty Insurance Company issued a USCA11 Case: 23-12518 Document: 84-1 Date Filed: 05/02/2025 Page: 3 of 19

23-12518 Opinion of the Court 3

commercial automobile policy to Kepali for the period from Janu- ary 23, 2019, to January 23, 2020. Kepali paid an initial lump-sum premium for insuring its fleet of vehicles. Anticipating that vehi- cles could be added and dropped, the policy contained a “premium audit” provision allowing Prime to “compute the final premium” and bill Kepali for any outstanding “balance” (or issue any appro- priate credit or refund) once Prime calculated Kepali’s “actual ex- posures.” See D.E. 1-1 at 15. The policy also contained a provision titled “Owned Autos You Acquire After The Policy Begins.” That provision states, in relevant part, as follows: [A]n “auto” you acquire will be a covered “auto” for that coverage only if: a. We already cover all “autos” that you own for that coverage or it replaces an “auto” you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. Id. at 8. This provision does not mention the payment of an addi- tional premium for an after-acquired vehicle. 1 On December 6, 2019, a 2009 Toyota Sienna owned by Ke- pali with a VIN ending in 3985 was involved in an accident while driven by Yordani Rodriguez. The passengers of the other car sued

1 It is undisputed that Kepali insured all its vehicles under the Prime policy. USCA11 Case: 23-12518 Document: 84-1 Date Filed: 05/02/2025 Page: 4 of 19

4 Opinion of the Court