In Lunas v. Cooperativa, 37 Fla. L. Weekly D2568, 2nd DCA, November 2, 2012, the Second District Court of appeal reversed the trial court’s order granting a motion to enforce settlement between an insurer and insured. In this sinkhole case, the insured demanded to settle a claim requesting two checks: one payable to the insured and mortgagee and the other to the insured, insured’s attorney and public adjuster. The carrier responded with one check, but complied with the remainder of the demand. Judge Casanueva, writing for the Second DCA determined simply their was no meeting of the minds as two checks were not written and reversed the trial’s order.
Practice Tip: Review each and every part of a demand letter. Number the conditions to settle and completely mirror the requests. If not you will be facing a potential bad faith action down the road.