Fundora v. Dangond
Plaintiff conditioned his settlement offer on written confirmation from the insurer that no other liability coverage existed, invoking section 627.4137(1). Progressive accepted the offer while, the same day, separately disclosing an additional policy held by a codefendant that might cover the accident. The Third District held the settlement was unenforceable because the section 627.4137 disclosure was an essential term of the offer with which the insurer failed to comply, and reversed the order enforcing the settlement.
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