INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE CLAIM: SETTLEMENT: MIRROR IMAGE RULE

Lunas v. Cooperativa De Seguros Multiples De Puerto Rico, ___ So. 3d ___, 37 Fla. L. Weekly D2568 (Fla. 2d DCA November 2, 2012)

The trial court erred by ruling that the homeowner and his insurer reached an enforceable settlement of the homeowner’s sinkhole claim.  In a letter, counsel for the homeowner demanded payment of the policy limits within seven days, but the insurer did not satisfy either of these conditions.  Subsequently, during a telephone conversation, counsel for the homeowner demanded payment in two checks, but only one check was sent, and “the mortgagee named on the check differed from that” specified by counsel.  “Because there was not a meeting of the minds, . . . the parties did not enter into a settlement agreement.”