Mack v. USAA Cas. Ins. Co.

Mack v. USAA Cas. Ins. Co.

Opinion

 [*1354]  BRASHER, Circuit Judge:

Leroy Mack totaled his car and was not satisfied with the method his insurer, USAA Casualty Insurance Company, used to calculate what it paid him. So he sued USAA on behalf of himself and a putative class for declaratory judgments that [**2]  USAA's method was inconsistent with Florida law and the insurance policy. As supplemental relief to those declaratory judgment claims, Mack also asked for USAA to recalculate the class members' claims using a legal method and make them new offers. Mack concedes, however, that a "correct" calculation method will not necessarily result in higher offers.

Our caselaw is clear that Mack does not have standing to seek prospective relief on the off chance that he might total a car again in the future. The question for us, then, is whether Mack has Article III standing because he requests that USAA make new settlement offers as supplemental relief if his declaratory judgment claim succeeds. After careful review and with the benefit of oral argument, we hold that a plaintiff's request for supplemental relief does not change the standing analysis for a declaratory judgment claim. Accordingly, we conclude that Mack does not have standing to bring his declaratory judgment claims, vacate the district court's order of dismissal, and remand to the district court with instructions that the district court remand the case back to the Circuit Court of the Seventeenth Judicial Circuit, Broward County, [**3]  Florida.

 [*1355]  I. BACKGROUND

While insured under a Florida motor vehicle insurance policy issued by USAA Casualty Insurance Company, Leroy Mack was involved in a car accident that rendered his vehicle a total loss. Under the policy, USAA will pay up to the "actual cash value" of the covered vehicle in the event of a total loss. To determine that value, USAA uses a third-party service, the CCC ONE valuation system, which purports to automatically calculate actual cash value based on comparable vehicle data from its own computer system and data on the insured's vehicle input by USAA adjusters. In the event of a disagreement over the amount of loss—which includes actual cash value—the policy allows for either party to demand appraisal.

Mack submitted a claim under the policy, and USAA agreed to coverage. USAA offered to pay Mack the actual cash value of his vehicle as determined by the CCC ONE system, and Mack accepted payment. But about two months after cashing that check, Mack sent USAA a demand letter. He argued that USAA had violated Florida law and breached its policy by failing to pay him license and title transfer fees or a document fee. USAA responded that it was only responsible for "actual [**4]  cash value and tax."

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