Share this @internewscast.com
NOAA is forecasting a likely range of 14 to 21 named storms (winds of 39 mph or higher), of which 6 to 10 could become hurricanes (winds of 74 mph or higher), including 3 to 6

An appeals court Friday sided with homeowners in a dispute about additional damage they found after accepting a check from a property-insurance company for a claim stemming from Hurricane Matthew.

A three-judge panel of the 5th District Court of Appeal overturned a Brevard County circuit-court decision that People’s Trust Insurance Co. did not have to pay for the additional damage because Richard and Leanne Lemon had accepted the check.

The $15,286 check covered the costs of repairing the home’s roof, fence, and a master-bedroom ceiling after the October 2016 hurricane, according to Friday’s ruling.

But the homeowners later sought to supplement their claim after discovering moisture damage in ceilings, the garage, and a home office. The Lemons submitted a claim of $35,155 and filed a breach-of-contract lawsuit when People’s Trust did not respond, the ruling said.

During the trial, the insurer argued that “once it tendered the check and the Lemons accepted it, there was an accord and satisfaction that barred any further recovery,” according to the appeals court.

A jury agreed with the insurer, but the appeals court said that “under no view could the language on the check evince an intention to settle future, unknown supplemental claims.”

As a result, it said the circuit judge should have entered what is known as a “directed verdict” for the homeowners.

“Because the language of the check tendered in satisfaction of the original damage claim is susceptible of only one interpretation — that it was offered (and accepted) in settlement of only the damages claimed and adjusted as of that date — and there was no evidence whatsoever of the parties’ intent to preclude supplemental claims, it was error to deny the Lemons’ motion for directed verdict and subsequent motion for judgment notwithstanding the verdict on PTI’s (People’s Trust Insurance’s) affirmative defense of accord and satisfaction,” said the ruling, written by Judge Carrie Ann Wozniak and joined by Judges Kerry Evander and F. Rand Wallis.

Share this @internewscast.com
You May Also Like

S Club 7’s Jon Lee Shares He’s Been Celibate for Six Years

S Club 7’s Jon Lee didn’t hold back in Celebs Go Dating…

Butter Made from Carbon and Backed by Bill Gates Criticized for Its Unappealing Taste

A synthetic butter made entirely from carbon, hydrogen and oxygen and backed…

70s Glamour Star and Famous Actor Spouse: Guess Who Looks Completely Different Now?

She stole the heart of a true movie giant with her bombshell…

Tragic Discovery: Designer Found Deceased on Yacht

An up-and-coming fashion designer who was found dead in a boat at…

Myleene Klass Allegedly Ends Friendship Abruptly

Myleene Klass has been accused of ‘ghosting’ one of her closest friends…

Colombian Presidential Candidate Passes Away Months Following Rally Shooting

Colombian presidential hopeful Miguel Uribe Turbay has died two months after he…

Wealthy Bowling Heir Separates from Wife Following Nanny Affair

A Virginia billionaire linked to the bowling industry engaged in an affair…

Young Grandmother, 34, Loses Driving Privileges After Using Cannabis

A 34-year-old grandmother has been prohibited from driving for three years after…

Bill Maher Criticizes ‘The View’ Panel, Calling It an Embarrassment to Women

Bill Maher suggested the female panel who host The View are an…

Guess Which Former Bond Girl Was Recently Spotted on a Rare Outing?

This actress looked nearly unrecognizable during a rare outing in Los Angeles…

Australians Find Relief Following RBA’s Decision on Interest Rates

Aussie home borrowers have been given some more relief with the Reserve…

Cristiano Ronaldo Purchases Expensive Ring for Georgina Rodriguez

Cristiano Ronaldo dropped an eye-watering amount on his fiancée Georgina Rodriguez’s engagement ring,…