20 Fla. L. Weekly Supp. 1236a
Online Reference: FLWSUPP 2012RAMOInsurance — Affirmative defenses — Accord and satisfaction
B&A DIAGNOSTIC, INC., a/a/o SILVIA RAMOS, Plaintiff, v. UNITED AUTO INS. CO., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Small Claims Division. Case No. 12-10261 SP 25 (04). August 15, 2013. Nuria Saenz, Judge. Counsel: Jacqueline Whittingham, for Defendant.
AMENDED ORDER GRANTING DEFENDANT’SMOTION FOR FINAL SUMMARY JUDGMENTRE: ACCORD & SATISFACTION
THIS CAUSE came before the Court on July 22, 2013 on Defendant’s Motion for Final Summary Judgment Re: Accord and Satisfaction and Request for 57.105 Sanctions. The Court considered argument of counsel for the parties, applicable statutes and controlling case law, the Court finds as follows:
1. UAIC filed a Motion for Final Summary Judgment Re: Accord and Satisfaction and Request for 57.105 Sanctions.
2. UAIC relies primarily on F.S. 673.3111 titled “Accord and Satisfaction by use of instrument”.
3. B&A argues that it is F.S. 671.201 titled “Uniform Commercial Code: General Provisions” that controls.
4. This Court finds that the issue presented in this case is controlled by F.S. 673.3111 and that UAIC has established all of the elements required under such Statute.
5. This Court also finds persuasive and relies on Prime Medical & Rehab Service v. UAIC, 16 Fla. L. Weekly Supp. 97b. (Fla. 11th Cir. Ct. Sept 26, 2008), decided by Judge Lawrence D. King.
6. The Defendant’s Motion for Final Summary Judgment Re: Accord and Satisfaction is Granted.
7. The Court reserves ruling on the Defendant’s Request for 57.105 Sanctions. This may be set for hearing by the parties for the Court’s consideration.
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