20 Fla. L. Weekly Supp. 163b
Online Reference: FLWSUPP 2002PEREInsurance — Accord and satisfaction — Conspicuous statement — Writing was not conspicuous where it appeared in capital letters in font smaller than other writing on check, was included as part of two other lines of similar font, and was not in contrasting color or set off by symbols or marks
BEST AMERICAN DIAGNOSTIC CENTER, INC., (Georgina Perez), Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 11-27616 SP 23 (05). October 5, 2012. Charles K. Johnson, Judge. Counsel: Caroline Perlegas, Marks & Fleischer, P.A., Fort Lauderdale, for Plaintiff. Sean Sweeney, Office of the General Counsel, Miami, for Defendant.
ORDER DENYING DEFENDANT’SMOTION FOR SUMMARY JUDGMENTREGARDING ACCORD AND SATISFACTION
THIS CAUSE having come before the court for hearing on September 19, 2012, and the court having reviewed the file and relevant legal authorities and heard argument of counsel, the court finds that in the instant case there was no mutual intent to affect a settlement. The court finds persuasive Judge Lee’s recitation of this issue in Complete Rehab and Medical Centers of Plantation, Inc. v. United Auto. Ins. Co., 16 Fla. L. Weekly Supp. 1171a (Broward County Court, Judge Robert W. Lee, 2009). As in the aforementioned case, the language at issue here, while in all capital letters, was in a font smaller than other writing on the check, was included as part of two other lines of similar font, was not in a contrasting color, and was not set off by any “symbols or marks that call attention to the language.” §671.201(10)(a) & (b). The court agrees that this language in relation to the whole of the instrument is not conspicuous. Accordingly, it is hereby
ORDERED AND ADJUDGED that the Defendant’s Motion for Final Summary Judgment is DENIED.
* * *