Lorenzo v. Homeowners Choice Property & Casualty Insurance Co.
A homeowner's insurer's adjuster emailed a $35,000 settlement proposal 'contingent on management approval,' which the insured's adjuster accepted, but the insurer did not deliver management approval or a release until nearly seven months later, after the property further deteriorated. The Third DCA reversed the trial court's order enforcing the purported pre-suit settlement, holding no binding agreement was formed because the offer was conditioned on further approval and the release was not tendered within a reasonable time.
Key facts
- Homeowner Lorenzo received a $35,000 settlement proposal from HCP adjuster via email that was expressly conditioned on management approval; Lorenzo's adjuster accepted the proposal, but the insurer did not provide management approval or tender a release until nearly seven months later.
- The trial court enforced the settlement as a binding agreement; the Third DCA reversed, finding no enforceable settlement existed because the offer was conditioned on further approval and the release was not tendered within a reasonable time.
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Why it matters
This is a useful first-party property insurance decision for insureds resisting enforcement of informal pre-suit 'settlements' reached in adjuster email exchanges. It reinforces that 'contingent on management approval'… — full analysis with a trial
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