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

Justin Bieber Makes First Public Appearance After Selena Gomez’s Wedding

Justin Bieber looked somber as he surfaced in Los Angeles on Tuesday for the…

JD Vance Assumes Role of Leading White House Press Briefing from Karoline Leavitt

Vice President JD Vance introduced a new technique to select reporters to ask…

Greta Thunberg Detained Once More as Israeli Navy Confronts Flotilla

Greta Thunberg has been hauled off her ‘Freedom Flotilla’ by Israel naval forces as…

Hurricane Imelda makes an unexpected shift in the Atlantic

Hurricane Imelda has taken a shocking turn, sparing the southeastern US from…

ESPN’s Bold Move to Sign Travis Kelce

As Travis Kelce approaches the twilight of his football career, a key…

Irritated Keith Urban Responds Sharply to Reporter Asking About Nicole Kidman

Keith Urban’s marriage to Nicole Kidman may have looked like one of…

Exotic Zoo Proprietor Puts Tourist Attraction on the Market Due to Inheritance Tax

A zoo owner must sell his £2.75 million tourist destination, featuring zebras…

Another Female Teacher in Wisconsin Elementary School Accused of Misconduct with Student

An elementary school teacher in Wisconsin was charged with sex crimes involving…

Proposal to Release Treated Radioactive Water into New York’s Hudson River Sparks Debate

A controversial plan to release 45,000 gallons of radioactive water into the…

Keith Urban, 57, Modifies Lyrics of Song Dedicated to Nicole Kidman

Keith Urban has shocked fans by changing the lyrics of his song…

Church in Florida Coerces Many Into Laboring in Overcrowded Conditions

The heads of a Florida church are facing allegations of forcing numerous…

Myleene Klass Opens Up About ‘Sheer Terror’ Experience with a Stalker

Myleene Klass has shared her ‘sheer terror’ upon discovering that she had…