18 Fla. L. Weekly Supp. 1191a
Online Reference: FLWSUPP 1811LIME
Insurance — Property — Attorney’s fees — Declaratory actions — Offer of judgment statute does not apply to action in which complaint seeks only determination of insurance coverage and, if coverage is found, appraisal of property
GRISEL LIMERES, Plaintiff, vs. CASTLE KEY INSURANCE COMPANY, f/k/a ALLSTATE FLORIDIAN INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 10-1350 COCE 55. September 6, 2011. Sharon Zeller, Judge.
ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S PROPOSAL FOR SETTLEMENT OR INTHE ALTERNATIVE MOTION FOR EXTENSION OF TIME TO ACCEPT PROPOSAL
THIS CAUSE having come before the Court on Plaintiffs’ Motion to Strike Defendants’ Proposal for Settlement or in the Alternative Motion for Extension of Time to Accept Proposal, and the Court having considered same, having heard argument of counsel, and being otherwise duly advised in premises, finds and decides as follows:
On January 27, 2010, Plaintiff filed a complaint seeking a declaratory judgment adjudicating the rights between the parties, and, if the water damages in issue are covered by the policy of insurance, an appraisal of the property located at [Editor’s Note: Address omitted], Pembroke Pines, FL 33024. On January 13, 2011, Plaintiff filed a Motion to Strike Defendant’s Proposal for Settlement arguing that because the complaint seeks only declaratory relief, the offer of judgment statute does not apply. This Court agrees.
Section 768.79, Florida Statutes (2010) provides the substantive law concerning offers of judgment and proposals for settlement. The offer of judgment statute applies only to civil actions “for damages.” In National Indemnity Company of the South v. Consolidated Insurance Services, 778 So.2d 404, 408 (Fla. 4th DCA 2001) [26 Fla. L. Weekly D291a], the complaint sought only declaratory relief as to insurance coverage. Because no damages or payment of money was directly requested, the Fourth District Court of Appeal concluded that the trial court was correct in finding that the offer of judgment statute did not apply. Likewise, in the instant case, the plaintiff is seeking a determination of insurance coverage for the accidental discharge or overflow of water which caused damage to the Plaintiff’s residence. If insurance coverage is found, the Plaintiff is seeking an appraisal of the property. No damages or payment of money was directly requested. This Court finds that the offer of judgment statute does not apply.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant’s Proposal for Settlement filed December 20, 2010 is STRICKEN.
