Angela Flowers of our Ocala office obtained an affirmance from the Sixth District Court of Appeal of an order denying plaintiff’s motion to enforce a settlement agreement in a case where plaintiff sought to require the insurance company to pay twice after a settlement check was stolen in transit. Angela successfully argued that the insurer satisfied its obligation to tender payment under the settlement agreement when the settlement checks were delivered to plaintiff’s counsel’s office, and therefore could not be compelled to compensate plaintiff for the stolen check.

It was undisputed that the two settlement checks, one made payable to plaintiff and the other made payable to her attorney, were both received by plaintiff’s counsel’s office. However, the check made payable to the plaintiff was later stolen (washed) after plaintiff’s counsel forwarded it to the plaintiff by certified mail. The bank refused to reimburse the stolen funds.

On appeal, Angela argued that actual delivery of the checks to plaintiff’s counsel’s office satisfied the insurance carrier’s duty to “tender” the settlement checks, which is all the agreement required. Contrary to plaintiff’s position, the agreement did not require that plaintiff personally receive the check after it was delivered to her attorneys.