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Filing # 121299117 E-Filed 02/12/2021 10:54:37 AM
IN THE CIRCUIT COURT OF THE 14”
JUDICIAL CIRCUIT IN AND FOR
BAY COUNTY, FLORIDA
CASE NO.: 19003283CA
BECKY JAY,
Plaintiff,
VS.
FIRST PROTECTIVE INSURANCE COMPANY
D/B/A FRONTLINE INSURANCE,
Defendant.
/
PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AND MOTION FOR
SANCTIONS
COMES NOW the PLAINTIFF, BECKY JAY, by and through undersigned counsel,
hereby files this Motion to Enforce Settlement and Motion for Sanctions, and in support thereof
states as follows:
1. This is an action involving a disputed insurance claim brought pursuant to a policy of
homeowner's insurance issued to Plaintiff by Defendant.
2. On October 23, 2020, Plaintiff and Defendant entered into a settlement for payment of
attorney’s fees and costs by Defendant.
3. On December 16, 2020, counsel for Defendant provided a copy of the Release to be
executed by Becky Jay and Mark Jay.
4. On December 17, 2020, the undersigned asked counsel for Defendant to remove Mark
Jay from the release, as well as, the confidentiality portion. Mark Jay is not a party to this
lawsuit and is no longer married to the Plaintiff. As such, Mr. Jay needs to be removed from the
Release.
5. On January 12, 2021, the undersigned's office requested a status of the revised Release.
6. On January 21, 2021, as a final attempt, the undersigned's office requested a status of the
revised Release and advised Defendant that a Motion to Enforce Settlement will be filed with
the Court if the revised Release is not received within the next seven (7) days.
7. That Florida Statute§ 627.4265 states:
In any case in which a person and an insurer have agreed in writing to
the settlement of a claim, the insurer shall tender payment according to
the terms of the agreement no later than 20 days after such settlement is
reached. The tender of payment may be conditioned upon execution by
such person of a release mutually agreeable to the insurer and the
claimant, but if the payment is not tendered within 20 days, or such other
date as the agreement may provide, it shall bear interest at a rate of 12
percent per yearfrom the date of the agreement; however, if the tender of
payment is conditioned upon the execution of a release, the interest shall
not begin to accrue until the executed release is tendered to the insurer.
8. As of the date of this filing, Defendant has not provided Plaintiff with a revised Release
and has not paid the agreed settlement for attorney fees and costs, despite repeated requests
communicated from Plaintiff to Defendant.
9. Plaintiff asks this Court to enforce the settlement reached between the parties by
entering an order compelling Defendant to provide the revised Release.
10. Accordingly, this Court is respectfully asked to issue an Order requiring Defendant to
immediately pay the agreed-upon settlement with no further delay, under penalty of being held
in contempt of Court for failure to comply.
11. The Court is also asked to Order Defendant to pay sanctions to Plaintiff including, but
not limited to, payment of additional reasonable attorney's fees and costs incurred as a result of
the billable time and costs expended by Plaintiff's counsel in pursuit of obtaining payment of
the settlement, in accordance with Florida Statute §627.428; this request is made irrespective of
whether Defendant finally issues proper payment of the settlement in the time between the
filing of this Motion and the hearing on same.
WHEREFORE, Plaintiff, BECKY JAY, requests that this Honorable Court grant
Plaintiff's Motion to Enforce Settlement and Motion for Sanctions, ordering Defendant, FIRST
PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE, to provide the
revised Release within five (5) days, pay the settlement funds within ten (10) days after receipt
of the executed Release along with interest, additional attorney's fees and costs, and grant any
other relief this Court deems fair and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 12th day of February, 2021, a true and correct copy of
the foregoing has been furnished via e-Portal, to: Nikki E Hawkins, Esq.,
nhawkins@kklaw.com, Kelley Kronenberg, 10360 West State Road 84, Fort Lauderdale, FL
33324, Attorneys for Defendant.
GED LAWYERS, LLP
Attorneys for the Plaintiff
7171 North Federal Highway
Boca Raton, FL 33487
Telephone: (561) 995-1966
Facsimile: (561) 241-0812
Primary Email: pdlitlaw@gediawyers.com
Secondary Email: bgoetsch(@gedlawyers.com
BY: /s/ Scott M. Rosso
SCOTT M. ROSSO, ESQ.
Florida Bar No.: 505757
DAVID R. SHAHEEN, ESQ.
Florida Bar No.: 0117947
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Filing # 121299117 E-Filed 02/12/2021 10:54:37 AM IN THE CIRCUIT COURT OF THE 14” JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19003283CA BECKY JAY, Plaintiff, VS. FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE, Defendant. / PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AND MOTION FOR SANCTIONS COMES NOW the PLAINTIFF, BECKY JAY, by and through undersigned counsel, hereby files this Motion to Enforce Settlement and Motion for Sanctions, and in support thereof states as follows: 1. This is an action involving a disputed insurance claim brought pursuant to a policy of homeowner's insurance issued to Plaintiff by Defendant. 2. On October 23, 2020, Plaintiff and Defendant entered into a settlement for payment of attorney’s fees and costs by Defendant. 3. On December 16, 2020, counsel for Defendant provided a copy of the Release to be executed by Becky Jay and Mark Jay. 4. On December 17, 2020, the undersigned asked counsel for Defendant to remove Mark Jay from the release, as well as, the confidentiality portion. Mark Jay is not a party to this lawsuit and is no longer married to the Plaintiff. As such, Mr. Jay needs to be removed from the Release. 5. On January 12, 2021, the undersigned's office requested a status of the revised Release. 6. On January 21, 2021, as a final attempt, the undersigned's office requested a status of the revised Release and advised Defendant that a Motion to Enforce Settlement will be filed with the Court if the revised Release is not received within the next seven (7) days. 7. That Florida Statute§ 627.4265 states: In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached. The tender of payment may be conditioned upon execution by such person of a release mutually agreeable to the insurer and the claimant, but if the payment is not tendered within 20 days, or such other date as the agreement may provide, it shall bear interest at a rate of 12 percent per yearfrom the date of the agreement; however, if the tender of payment is conditioned upon the execution of a release, the interest shall not begin to accrue until the executed release is tendered to the insurer. 8. As of the date of this filing, Defendant has not provided Plaintiff with a revised Release and has not paid the agreed settlement for attorney fees and costs, despite repeated requests communicated from Plaintiff to Defendant. 9. Plaintiff asks this Court to enforce the settlement reached between the parties by entering an order compelling Defendant to provide the revised Release. 10. Accordingly, this Court is respectfully asked to issue an Order requiring Defendant to immediately pay the agreed-upon settlement with no further delay, under penalty of being held in contempt of Court for failure to comply. 11. The Court is also asked to Order Defendant to pay sanctions to Plaintiff including, but not limited to, payment of additional reasonable attorney's fees and costs incurred as a result of the billable time and costs expended by Plaintiff's counsel in pursuit of obtaining payment of the settlement, in accordance with Florida Statute §627.428; this request is made irrespective of whether Defendant finally issues proper payment of the settlement in the time between the filing of this Motion and the hearing on same. WHEREFORE, Plaintiff, BECKY JAY, requests that this Honorable Court grant Plaintiff's Motion to Enforce Settlement and Motion for Sanctions, ordering Defendant, FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE, to provide the revised Release within five (5) days, pay the settlement funds within ten (10) days after receipt of the executed Release along with interest, additional attorney's fees and costs, and grant any other relief this Court deems fair and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 12th day of February, 2021, a true and correct copy of the foregoing has been furnished via e-Portal, to: Nikki E Hawkins, Esq., nhawkins@kklaw.com, Kelley Kronenberg, 10360 West State Road 84, Fort Lauderdale, FL 33324, Attorneys for Defendant. GED LAWYERS, LLP Attorneys for the Plaintiff 7171 North Federal Highway Boca Raton, FL 33487 Telephone: (561) 995-1966 Facsimile: (561) 241-0812 Primary Email: pdlitlaw@gediawyers.com Secondary Email: bgoetsch(@gedlawyers.com BY: /s/ Scott M. Rosso SCOTT M. ROSSO, ESQ. Florida Bar No.: 505757 DAVID R. SHAHEEN, ESQ. Florida Bar No.: 0117947