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

Historian Warns of Potential Damage to Bayeux Tapestry if Relocated

The Bayeux Tapestry cannot be moved without it tearing, a French historian…

Lil Nas X Admitted to Hospital Over Potential Overdose Concerns

Reports indicate that Lil Nas X was taken to a hospital after…

Doctor Facing Numerous Additional Charges for Allegedly Taking Inappropriate Bathroom Photos

A young medical professional accused of secretly placing cameras in hospital restrooms…

Israeli Ambassador Responds After Labour Criticizes Settlement Proposal

The Israeli ambassador to the UK has firmly advised Foreign Office officials…

EXCLUSIVE IMAGES: Millie Bobby Brown, 21, introduces her newly adopted daughter

New mother Millie Bobby Brown has been seen for the first time…

New York Appeals Court Overturns Trump’s $364 Million Fraud Penalty

A significant civil fraud penalty against President Donald Trump has been overturned…

Audience Pays to Watch Streamer’s Disturbing Abuse Online

Content creators who are accused of mistreating a French streamer on camera,…

Clever Strategies Retailers Implement to Deter Shoplifting

As shoplifting incidents escalate, with police executives acknowledging there’s little benefit in…

Alarming Alert for Wealthy Baby Boomers in Australia

Treasurer Jim Chalmers has announced plans for extensive changes to Australia’s tax…

Terrifying Scene as Iranian ‘Killer’ Faces Public Execution by Hanging from Crane

This is the horrifying moment a convicted killer is publicly hanged from…

Official Declaration of Famine Expected in Gaza City Today

The international organization tasked with overseeing global hunger issues is set to…

Visitors Forcefully Enter Exclusive North London Park

A group of travelers have forcibly entered an affluent park in north…