Ricardo v. Typtap Insurance Company
After a mediation in a homeowners' insurance suit, the insurer moved to enforce a purported settlement; the insureds filed an affidavit denying an agreement was reached and asserting they instructed counsel to hold transmission of the signed document. The Third DCA reversed enforcement entered after a nonevidentiary hearing, holding that disputed issues of material fact regarding contract formation required an evidentiary hearing, and vacated the attendant sanctions order.
Key facts
- After mediation in a homeowners' insurance dispute, the insurer moved to enforce a purported settlement agreement.
- The insureds filed an affidavit denying they reached an agreement and asserting they instructed their counsel not to transmit the signed document.
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Why it matters
A practical reminder that trial courts cannot summarily enforce purported mediated settlements over a factual dispute about formation le an evidentiary hearing is required, and the movant carries the initial burden… — full analysis with a trial
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