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

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No. 21-13148 ____________________

GINA SIGNOR, individually and on behalf of all those similarly situated, Plaintiff-Appellant, versus SAFECO INSURANCE COMPANY OF ILLINOIS,

Defendant-Appellee.

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Appeal from the United States District Court for the Southern District of Florida USCA11 Case: 21-13148 Document: 75-1 Date Filed: 07/03/2023 Page: 2 of 29

2 Opinion of the Court 21-13148

D.C. Docket No. 0:19-cv-61937-WPD ____________________

Before WILLIAM PRYOR, Chief Judge, JILL PRYOR, and GRANT, Cir- cuit Judges. JILL PRYOR, Circuit Judge: This appeal arises out of an insurance dispute between Gina Signor and Safeco Insurance Company of Illinois. After an accident in which her vehicle suffered substantial damage, Signor made a claim under her Safeco-issued insurance policy for the damage. Safeco declared her vehicle a total loss and paid her what it deemed to be the actual cash value of her vehicle. According to Signor, under the terms of the insurance policy and Florida law she was entitled to a greater payment. She sued Safeco, claiming that it had breached the insurance policy in two ways. First, she alleged that Safeco breached the policy because its methodology to calculate actual cash value ran afoul of Florida law. Second, she alleged that it breached the policy when it refused to reimburse her for dealer fees (administrative fees related to the sale of a vehicle) that she had to pay when she purchased a new vehicle to replace her damaged one. The district court granted summary judgment to Safeco, concluding that it had not used an illegal methodology to calculate the vehicle’s actual cash value and was not required to reimburse Signor for her dealer fees. After careful review, and with the benefit of oral argument, we affirm. USCA11 Case: 21-13148 Document: 75-1 Date Filed: 07/03/2023 Page: 3 of 29

21-13148 Opinion of the Court 3

I. BACKGROUND Signor was in an automobile accident that damaged her ve- hicle, a 2014 Lexus. At the time of the accident, Signor had an au- tomobile insurance policy with Safeco. Under the terms of the in- surance policy, Safeco agreed to pay for “direct and accidental loss” to the vehicle up to its “actual cash value.” Doc. 62-1 at 46, 50. 1 Upon examining Signor’s vehicle after the accident, Safeco deemed the vehicle a total loss. Safeco then set about calculating the actual cash value of Signor’s vehicle. To make this determina- tion, Safeco used the Certified Collateral Corporation ONE Market Valuation system (“CCC system”). The CCC system is designed to value a vehicle by calculating the sale price of the vehicle immedi- ately before it was declared a total loss. To calculate the starting “[b]ase [v]alue” of Signor’s Lexus, the CCC system obtained the dealer-advertised prices of 12 comparable vehicles, which were the same make, model, and year as Signor’s vehicle. Doc. 164