CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2008 WL 942005
...on of the customary settlement documents. Nichols v. Martell,
612 So.2d 657, 658 (Fla. 3d DCA 1993). The defendant's tendering of the policy limits, along with customary settlement *1192 documents, is an acceptance, not a counteroffer. Id.; see also §
627.4265, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 21714, 2012 WL 6602443
...By copy of this letter, I am, forwarding a copy of your letter of June 12, 2006 to AIG to review the future loss of .earning claim. • Although I have note [sic] enclosed a release, I am looking for a general release of the insured parties as provided by F.S. 627.4265....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1994, 1987 Fla. App. LEXIS 9900
...for summary judgment. Gleason contended he was entitled to interest as a matter of law from the date the parties reached the settlement. Gleason further alleged that the appellants were acting under the direction of insurance companies and therefore section 627.4265, Florida Statutes (1985) was applicable....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 12712, 2000 WL 1471762
FLETCHER, Judge. The plaintiffs, Shigeo Abe, et al, seek reversal of the trial court’s order denying them interest on an allegedly late payment of settlement proceeds. We reverse. The controlling provision here is section 627.4265, Florida Statutes (1997): “In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached....
...xecution of a release, the interest shall not begin to accrue until the executed release is tendered to the insurer.” 1 The plaintiffs contend that the proceeds were not paid within the statutory time period thus interest is due in accordance with section 627.4265....
...releases, not attempting to demand them — which he could not do in any event in light of the agreement reached on November 24, 1998, as set forth in the first paragraph. The settlement agreement was not conditioned upon the execution of releases. Section 627.4265 thus requires the payment of interest for late payment of the $600,000....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 11876, 1997 WL 656380
...o the trial court below. See Dominguez v. Wolfe,
524 So.2d 1101, 1102 (Fla. 3d DCA 1988). For purposes of this appeal, we must therefore assume that the settlement included the requirement that plaintiff sign the release and hold harmless agreement. Section
627.4265, Florida Statutes (1995), allows an insurer to condition tender of payment on the execution of a mutually agreeable release....
CopyPublished | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1485, 1985 Fla. App. LEXIS 14909
FRANK, Judge. The narrow issue in this matter is whether the appellants are entitled to interest on the amount of the settlement agreed to in resolution of their personal injury action. The appellants rely upon section 627.4265, Florida Statutes, in support of their claim to interest....
...Sockolof bears no relationship to the construction to be placed upon section 627.-4265. There is no dispute in the matter at hand that a bilaterally binding settlement was reached. The sole question is whether the appellants are entitled to the benefit of section 627.4265 which provides as follows: In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 120, 1989 Fla. App. LEXIS 35, 1989 WL 153
...se. On January 12, 1988, Avis tendered payment to Phillips — some fifty-four days after the settlement had been announced in court. Phillips filed a motion to enforce the settlement and to award post-settlement interest pursuant to Florida Statute § 627.4265....
...the release to appellants’ attorney until December 24, 1987— Christmas Eve. Avis’ check was issued December 28,1987; and it was tendered on January 12, 1988. Appellants argued under these circumstances, there was no undue delay in payment and section 627.4265 does not apply to them, since none of them are insurance companies....
...at the unreported hearing. He assumed the facts were as stated in the parties’ pleadings. “I don’t know that anybody differed that something else had happened ....” The trial judge also said that the sole basis for his award of interest was section 627.4265....
...“I went back to the statute and the statute says you’ve got twenty days and you get interest after that. How simple can you get?” Accordingly, he awarded interest at twelve percent commencing twenty days after the settlement was announced in open court. Appellants argue initially that section 627.4265 does not apply to them....
...into play. F.I.T. Aviation, Inc. v. Gleason,
510 So.2d 1217 (Fla. 5th DCA 1987), is distinguishable because in Gleason the insurance companies were parties to the release and settlement agreement. Appellee counters with the argument that even though section
627.4265 does not apply, the award of interest can be sustained on the basis of common law contract principles....
...Florida Produce Distributors, Inc.,
498 So.2d 1383 (Fla. 5th DCA 1986). In this case, the trier of fact heard no testimony and took no evidence as to when the parties intended the settlement would be paid. The trial judge frankly stated he relied solely on the twenty day time period provided in section
627.4265....
...Further, it is clear that in Gleason , this court held that the trial judge’s award of interest was valid pursuant to section 627.-4265, and not pursuant to common law principles. The time period for accrual of interest in this case (as in Gleason) can only be based on an application of section 627.4265....
CopyPublished | Florida 4th District Court of Appeal
...The trial
court entered an order granting the plaintiff’s enforcement motion which
included interest at the statutory rate and attorney’s fees.
Below and on appeal, the defendant argues the trial court erred in
awarding statutory interest pursuant to section 627.4265, Florida
Statutes (2023), because an insurance company was not a party to the
settlement agreement....
...ing interest and
attorney’s fees.
We accept the concession of error and reverse the award of interest and
attorney’s fees. We remand for further proceedings, including an in-
camera inspection of the settlement agreement to determine whether
section 627.4265, Florida Statutes (2023), applies to this case, and an
evidentiary hearing as to entitlement and amount of attorney’s fees to be
awarded, if any.
Reversed and remanded for further proceedings.
GERBER and KLINGENSMITH, JJ., con...
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1052, 1989 Fla. App. LEXIS 2178, 1989 WL 41200
...HARP, Chief Judge. Roberts, individually and as the personal representative of his son’s estate (Stuart Mills Roberts), appeals the lower court’s order denying his motion to assess interest against International Speedway Corporation, pursuant to section 627.4265, Florida *447 Statutes (1987) 1 and common law contract principles....
...Because the motion was untimely it did not toll rendition of the final order. Fla.R.App.P. 9.020(g). Thus, the notice of appeal was filed more than 30 days after rendition of the final order. Accordingly, we dismiss this appeal for lack of jurisdiction. DISMISSED. DAUKSCH and COWART, JJ., concur. . Section 627.4265, Florida Statutes (1987) provides: In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached....
