Entry of Final Summary Judgment Will Terminate Ability to Accept Pending Proposal for Settlement
By Karma Hall, Esq. In Kroener v. Florida Insurance Guaranty Association , Case Nos. 4D09-3604 & 4D09-4102 (Fla. 4th DCA June 22, 2011), Florida’s Fourth DCA was called upon to decide, as a matter of first impression in Florida, whether entry of final summary judgment would preclude a party’s ability to accept a pending proposal for settlement. In the underlying litigation, the trial court granted the insurer’s motion for summary judgment on several theories, one of which had not been previously considered in Florida. The issue of whether a party may accept a pending proposal for settlement after entry of final summary judgment arose after the undisputed facts revealed that the insurer had served a proposal for settlement to the insureds on June 9, 2009, one day prior to a hearing on the carrier’s motion for summary judgment. On June 10, 2009, the trial court granted summary judgment in favor of the insurer, and final judgment was entered on June 18, 2009. On June 22, 2009,