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Erhardt v. Duff

District Court of Appeal of Florida, Fourth District
Apr 14, 1999
729 So. 2d 529 (Fla. Dist. Ct. App. 1999)

Summary

holding that an insurer's requirement that an injured party execute releases was implicit in the settlement and stating, "it would have made no sense for [the insurer] to tender its policy limits if there remained a possibility that it could still be liable for further claims by Erhardt arising from the same incident"

Summary of this case from Berges v. Infinity Insurance Company

Opinion

No. 98-2074

Opinion filed April 14, 1999 JANUARY TERM 1999

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patricia W. Cocalis, Judge; L.T. Case No. 94-009379 (04).

Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, Cohen McIntyre, P.A., and Peter E. Itzler of Law Offices of Peter E. Itzler, Fort Lauderdale, for appellant.

Richard A. Sherman, Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Mary Anne Philips of Mary Anne Philips, P.A., Fort Lauderdale, and Frank J. Allocca of Allocca Felder, Miami, for appellees Marilyn Provost, Adrienne Provost, and Security National Insurance Company.


John Erhardt timely appeals from an order granting a motion to enforce settlement/motion for summary judgment filed by appellees, Marilyn and Adrienne Provost (Provost) and Security National Insurance Company (Security National),in Erhardt's personal injury action against Provost, Security National, and Gary Richard Duff. He argues that because appellees conditioned their acceptance of his offer to settle on his execution of a release, no valid settlement agreement was reached between the parties. We disagree and affirm.

Facts

In December, 1993, Erhardt, while sitting in the passenger's side of Provost's vehicle, was injured in a two-car accident involving Duff. On July 6, 1994, he wrote to Security National, Provost's insurer, demanding the $20,000 policy limits to settle his claim. His letter read, in pertinent part,

I will hold this offer to settle within policy limits open for a period of thirty (30) days. If you fail to tender your policy limits within this time, I will withdraw this demand and offer to settle within your insured's policy limits and will file suit to protect my client's legal right in this regard.

On July 28, 1994, Security National responded with the following written letter, presented in pertinent part:

Security National Insurance Company will tender their Bodily Injury Liability policy limits of $10,000 and their Underinsured Motorist policy limits of $10,000. Upon receipt of your acceptance, we are prepared to forward our settlement drafts and Releases.

Erhardt did not respond to the letter and, instead, filed suit against Duff, Provost, and Security National. In their respective answers, Provost and Security raised the affirmative defense of settlement.

In February, 1998, Provost and Security filed a motion to enforce settlement and/or motion for summary judgment. The motion alleged that Erhardt's July 6, 1994 letter and Security National's July 28, 1994 letter formed an agreement to settle Erhardt's claim against Provost and Security National. At the subsequent hearing on the motion, Erhardt argued that the July 28, 1994 letter was a counteroffer, not an acceptance,because it conditioned acceptance on Erhardt's execution of a release.

The court rejected Erhardt's argument, concluding that "[t]hat's not how the real world works. . . ." Finding the July 28 letter sufficient to form a binding settlement agreement, the court granted the motion. This appeal followed.

Merits

Because it is undisputed that Erhardt's July 6 letter constituted an offer to settle his bodily injury claim against Provost, the only issue before this court is whether Security National's July 28 letter constituted an acceptance of that offer. See Robbie v. City of Miami, 469 So.2d 1384, 1385 (Fla. 1985) (holding a valid settlement depends upon an offer and acceptance). In this respect, we hold that the July 28 letter constituted an acceptance, and not counteroffer, under an objective test. See id. His letter demanded only the policy limits within a certain time frame, both requirements of which Security National agreed to meet in its July 28 letter. Because Security National agreed to tender the policy limits to Erhardt, we hold the execution of the release was implicit as part of the tender, and not an additional element of the agreement. See Boyko v. Ilardi, 613 So.2d 103, 104 (Fla. 3d DCA 1993) (holding the execution of settlement documents a mere procedural formality). Simply put, it would have made no sense for Security National to tender its policy limits if there remained a possibility that it could still be liable for further claims by Erhardt arising from the same incident. Accordingly, we affirm.

AFFIRMED.

GUNTHER and FARMER, JJ., concur.


Summaries of

Erhardt v. Duff

District Court of Appeal of Florida, Fourth District
Apr 14, 1999
729 So. 2d 529 (Fla. Dist. Ct. App. 1999)

holding that an insurer's requirement that an injured party execute releases was implicit in the settlement and stating, "it would have made no sense for [the insurer] to tender its policy limits if there remained a possibility that it could still be liable for further claims by Erhardt arising from the same incident"

Summary of this case from Berges v. Infinity Insurance Company

holding that the insurer's conditioning its tender of policy limits on the injured party's executing releases was an acceptance, not a counteroffer, because releases were implicit in the agreement

Summary of this case from Berges v. Infinity Insurance Company

holding that a letter agreeing to meet the demands in a settlement offer constitutes an acceptance

Summary of this case from Marin v. Infinity Auto Ins. Co.

holding that where injured plaintiff's offer only required tender of a check for a policy's limits, insurer's inclusion of a release to be executed did not constitute a counteroffer or rejection of that offer

Summary of this case from Pena v. Fox

holding that “the execution of the release was implicit as part of the tender, and not an additional element of the agreement”

Summary of this case from Thompson v. Estate of Maurice

In Erhardt, the trial court rejected the argument that an insurance company cannot require execution of a release, stating "`that's not how the real world works.'"

Summary of this case from Gonzalez v. Claywell
Case details for

Erhardt v. Duff

Case Details

Full title:JOHN ERHARDT, Appellant, v. GARY RICHARD DUFF, MARILYN PROVOST, ADRIENNE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 14, 1999

Citations

729 So. 2d 529 (Fla. Dist. Ct. App. 1999)

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