Travelers Ins. Co. v. Horton
Cases that cite this one
16 later published cases cite this decision.
- Columbia County Sheriff's Office v. Florida Department of Law Enforcement (Fla. Dist. Ct. App. 1991)
- Colony Beach & Tennis Club Ass'n v. Colony Beach & Tennis Club, Inc. (In re Colony Beach & Tennis Club Ass'n) (United States Bankruptcy Court, M.D. Florida 2010)
- Churchville v. GACS INC. (Fla. Dist. Ct. App. 2008)
- Fuddruckers, Inc. v. Fudpucker's, Inc. (United States District Court for the Northern District of Florida 2006)
- Mergens v. Dreyfoos (11th Cir. 1999)
- Mergens v. Dreyfoos (11th Cir. 1999)
- ST. FARM MUT. AUTO. INS. CO. v. Stack (Fla. Dist. Ct. App. 1989)
- State Farm Mutual Automobile Insurance Co. v. Stack (Fla. Dist. Ct. App. 1989)
- Allstate Insurance v. M.H. (United States District Court for the Southern District of Florida 1988)
- Narvaez v. Mejia (Florida Circuit Courts 1987)
- Weingart v. Allen O'hara, Inc. (5th Cir. 1981)
- FLORIDA ROCK, ETC. v. Continental Ins. Co. (Fla. Dist. Ct. App. 1981)
- Florida Rock & Tank Lines, Inc. v. Continental Insurance (Fla. Dist. Ct. App. 1981)
- Foden v. Stambaugh (Fla. Dist. Ct. App. 1981)
- Weingart v. Allen & O'Hara, Inc. (5th Cir. 1981)
- Travelers Indemnity Co. v. Walton (Fla. Dist. Ct. App. 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
TRAVELERS INSURANCE COMPANY, Appellant,
v.
Rebecca Carr HORTON, Appellee.
District Court of Appeal of Florida, Third District.
*1205 Adams & Ward and Amy Shield Levine, Miami, for appellant.
Schwartz, Klein & Steinhardt and Norman S. Klein, North Miami Beach, for appellee.
Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.
PER CURIAM.
In this appeal, appellant/plaintiff Travelers Insurance Company appeals from a final judgment rendered in favor of its insured, appellee/defendant Rebecca Carr Horton, in an action for declaratory relief in which Travelers unsuccessfully sought to prohibit Horton from proceeding with arbitration on her uninsured motorist claim by attempting to enforce a settlement agreement allegedly entered into between the parties.
The trial judge, in his final judgment, determined that Horton had the right to proceed with arbitration, in accordance with the terms of her insurance policy, as a settlement had not been effectuated. Further, the trial judge held that Horton was entitled to an award of reasonable attorney's fees for her defense of the action.
After a careful review of the record, it is our opinion that final judgment was properly entered. While appellee did sign a release furnished by Travelers and was actually issued a draft, she neither presented the draft for payment nor returned the signed release to appellant. The validity and effect of a settlement and release are governed by contract law. Florida Education Association, Inc. v. Atkinson, 481 F.2d 662 (5th Cir. 1973). Appellee, having failed to communicate her acceptance of the settlement by mailing the release to Travelers, did not bind herself to the terms of the proposed agreement of settlement. See Kendel v. Pontious, 244 So.2d 543 (Fla. 3d DCA 1971). Further, an award of reasonable attorney's fees in this declaratory action was not improper. James Furniture Manufacturing Company, Inc. v. Maryland Casualty Company, 114 So.2d 722 (Fla. 3d DCA 1959); Section 627.428, Florida Statutes (1977).
Accordingly, for the above reasons, the final judgment is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.