Preview
Filing # 121528017 E-Filed 02/17/2021 10:57:52 AM
1933233
IN THE CIRCUIT COURT OF THE 14TH JUDICIAL
CIRCUIT IN AND FOR BAY COUNTY, FLORIDA
CASE NO. 19001054CA
TIMOTHY CYR and JESSICA CYR,
Plaintiffs,
V.
EDISON INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO ENFORCE SETTLEMENT AGREEMENT
Defendant, Edison Insurance Company, by and through the undersigned
counsel, files this Motion to Enforce Settlement Agreement, and as grounds therefore,
would state:
1. This is a first party breach of contract action arising out of an insurance
claim filed by Plaintiffs against Defendant.
2. Via emails dated December 9, 2020 and December 10, 2020, the parties
confirmed settlement of this matter. See attached emails attached hereto as composite
Exhibit A.
3. Plaintiff filed a Notice of Settlement with this Court on December 10, 2020.
See Exhibit B.
4. Via emails dated December 21, 2020 and January 6, 2020 settlement
documents were transmitted to Plaintiff for execution. See attached emails with
settlement documents attached hereto as composite Exhibit C.
CASE NO. 19001054CA
5. On January 14, 2021, Plaintiffs notified Defendant via email that they will
not be honoring the previous agreed-upon settlement and filed a Notice of Withdrawal of
Settlement. See composite Exhibit D.
6. On January 22, 2021, Defendant informed Plaintiffs that itwould be filing
this Motion to Enforce Settlement. See Exhibit E.
T. Defendant maintains that a settlement has been reached, as there was an
offer, acceptance of that offer, and the settlement proceeds would serve as consideration.
8. However, Plaintiffs are refusing to honor their previous agreement leading
to this Motion for this Court’s intervention to enforce.
WHEREFORE, Defendant, Edison Insurance Company, respectfully requests that
this Court issue an Order compelling the enforcement of the settlement of this case.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal to J. Morgan, Jr., Esquire and Daniel D. Castro, Esquire, Morgan Law Group,
P.A., 55 Merrick Way, Suite 404, Coral Gables, FL 33134, Attorneys for Plaintiffs,
mlg.eservice@morganlawgroup.net, Dcastro@morganlawgroup.net on this 17‘ day of
February, 2021.
CONROY SIMBERG
Attorney for Defendant, Edison Insurance Company
125 West Romana Street, Suite 320
Pensacola, FL 32502
Telephone: (850) 436-6605
Facsimile: (850) 436-2102
Primary Email: eservicepns@conroysimberg.com
Secondary Email: pluna@conroysimberg.com
By: _/s/Patrick Wade Luna
Patrick Wade Luna, Esquire
Florida Bar No. 102206
2
[EXHIBIT "A"|
CAD-Caryn Harlos
From: John Lanpher
Sent: Wednesday, December 09, 2020 12:41 PM
To: JUM-John R. Mahoney
Ce: Yesenia Engracio; Erick Espinola; Thomas Morgan Jr.; Lianabell Martinez; Barbara Garcia;
Anna Coward; Anamari Amaya; Kathy Suarez; Paloma Correa; Wadlene Fritz; Arelys Vega
Subject: Settlement confirmation - Timothy and Jessica Cyr v. Edison
[External Email]
John,
Per our conversation, I have obtained authority to resolve this claim for the amount offered. Upon
confirmation, please have the documents and drafts issued to indicate the amounts and payees as follows:
$70,000.00 payable to Timothy Cyr, Jessica Cyr, The Morgan Law Group, and mortgagee (if any);
$13,000.00 payable to The Morgan Law Group.
Please note this would not include any third parties that are in possession of an AOB at this time, should they
exist (my file does not reflect any).
John D. Lanpher li
Attorney at Law
<_< = ge Office (Gables): (305) 569-9900
i| « Oflce (PC): (850) 403-0992
Ly Lal Email: flanpbher@morganlawaroup.net
{HE MORGAN LAW ERILS Representing Policyholders Throughout Florida
Rain Office:
55 Merrick Way, Suite 404
Coral Gables, FL 33134
www.policyadvocate.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments contain information from the law firm of The Morgan Law Group, P.A., and are intended solely for
the use of the named recipient or recipients.
This e-mail may contain privileged attorney/client communications or work product.
Any dissemination of this e-
mail by anyone other than an intended recipient is strictly prohibited.
If you are not the named recipient, you are prohibited from any further viewing of the e-
mail or any attachments or from making any use of the e-mail or attachments.
If you believe you have received this e-mail in error, notify the sender
immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-
mail or attachments.
1
CAD-Caryn Harlos
From: JUM-John R. Mahoney
Sent: Thursday, December 10, 2020 10:39 AM
To: ‘John Lanpher'
Ce: Yesenia Engracio; Erick Espinola; Thomas Morgan Jr.; Lianabell Martinez; Barbara Garcia;
Anna Coward; Anamari Amaya; Kathy Suarez; Paloma Correa; Wadlene Fritz; Arelys
Vega; RSH-Robert S. Horwitz; CAD-Caryn Harlos; PSC-Pamela S. Cole
Subject: Settlement confirmed but PA and AOB issue needs addressed - RE: Settlement
confirmation - Timothy and Jessica Cyr v. Edison
John,
it was a pleasure to work with you on this case. We confirm the settlement of your clients claim in the Bay County
Circuit Case 19001054CA, Timothy and Jessica Cyr v. Edison Insurance Company for $83,000.00 global inclusive of
attorney fees and costs. The settlement of this matter requires that one check gets written for indemnity payments to
your client , their mortgage company and the PA if one was retained and a second check to be written to your firm for
attorney fees and costs. Your clients will be required to execute a policy holder general release and settlement
agreement to be inclusive of any and all claims including extra-contractual, bad faith or any other claims or causes of
action related to the subject claim or litigation.
We are in receipt of your email below which contains the settlement breakdown you are requesting. Please be acivised
that our file is showing that PMR Public adjusters are involved in this claim so that PA will need to be included on the
indemnity check. Also we are showing Pennymac loan services, LLC. as the mortgage carrier and we will need an
updated mortgage statement from your client confirming that mortgage company is still accurate. Additionally, we cid
not agree that our release would exclude any third parties that may be in possession of an AOB. We will not carve that
exception out in this release. Therefore, please speak with your clients regarding this issue and confirm whether they
would like to proceed or not. Edison intends this settlement to be final and does not want to leave the door open for
roofers, drywall repairrnan, mold inspectors, etc., to come back down the road and sue Edison separately for monies
that are contemplated in this settlement.
Thanks!
f
—_,
oY
ws,
WN
EE
Oy
hy as,
W/
f -
|
R. MAHONEY
ASSOCIATE
(850) 436-6605
LALLALNIERA LY | (e507 430-4014 (teeny
7, -
av i”.= | AAS|_
|_125 West Romana Street
Suite 320
Pensacola, FL 32502
1
Due to the recent restrictions arising as a result of COVID-19 (Coronavirus), we respectfully request
that you send any documentation/correspondence electronically instead of via mail or fax if you are able.
PRIVILEGE AND CONFIDENTIALITY NOTICE : This ¢-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and may be legally privileged pursuant
to Florida Staite
96.502. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and
all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient
of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an
attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1.285(b). Do not disclose the contents or take any action in reliance upen the information contained
in this communication or any attachments.
Although this E-mail and any attachments are believed to be Iree ef any virus or other defect that might affect any computer system inte which it is
received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use.
From: John Lanpher [mailto:jlanpher@morganlawgroup.net]
Sent: Wednesday, December 09, 2020 1:41 PM
To: JUM-John R. Mahoney
Cc: Yesenia Engracio ; Erick Espinola ; Thomas
Morgan Jr. ; Lianabell Martinez ; Barbara Garcia
; Anna Coward ; Anamari Amaya
; Kathy Suarez ; Paloma Correa
; Wadlene Fritz ; Arelys Vega
Subject: Settlement confirmation - Timothy and Jessica Cyr v. Edison
{External Email]
John,
Per our conversation, I have obtained authority to resolve this claim for the amount offered. Upon
confirmation, please have the documents and drafts issued to indicate the amounts and payees as follows:
$70,000.00 payable to Timothy Cyr, Jessica Cyr, The Morgan Law Group, and mortgagee (if any);
$13,000.00 payable to The Morgan Law Group.
Please note this would not include any third parties that are in possession of an AOB at this time, should they
exist (my file does not reflect any).
Jonn 0. Lanpher li
Attorney at Law
e #«< 3 Office (Gables): (305) 569-9900
= fe 8 * ek prerae
1A/o)
om @
i +| Office
Email : (PC): (850) 403-0992
jlanoher@morganiawgroup net
2H MEGAN Law CEOES Representing Policyholders Throughout Florida
Main Office:
55 Merrick Way, Suite 404
Coral Gables, FL 33134
www.
policyadvocate.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments contain information from the law firm of The Morgan Law Group, P.A., and are intended solely for
the use of the named recipient or recipients.
This e-mail may contain privileged attorney/client communications or work product.
Any dissemination of this e-
mail by anyone other than an intended recipient is strictly prohibited.
If you are not the named recipient, you are prohibited from any further viewing of the e-
mail or any attachments or from making any use of the e-mail or attachments.
If you believe you have received this e-mail in error, notify the sender
2
immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-
mail or attachments.
3
Filing # 117967283 E-Filed 12/10/2020 09:29:20 AM [EXHIBIT "B"|
IN THE CIRCUIT COURT OF THE
14™ JUDICIAL CIRCUIT IN AND FOR
BAY COUNTY, FLORIDA
CASE NO.: 19001054CA
TIMOTHY CYR & JESSICA CYR,
FLORIDA BAR NO.: 118767
Plaintiffs,
Vv.
EDISON INSURANCE COMPANY,
Defendant.
a
—(i—i‘“‘“‘i‘i‘ilr
NOTICE OF SETTLEMENT
COMES NOW Plaintiff, TIMOTHY CYR & JESSICA CYR, by and through the undersigned
counsel, and filesthis Notice of Settlement advising this Honorable Court that the parties in the above-
styled action have settled this case. The parties are finalizing the terms of the resolution and anticipate filing
the appropriate dismissal documents with this Court.
CERTIFICATE OF SERVICE
We hereby certify that a true and correct copy of the foregoing was furnished by e-service
pursuant to Rule 2.516(b)(1) this 10 day of December, 2020 via e-filing portal, upon: Lateshia
Frye, Esquire, CONROY SIMBERG; 3440 Hollywood Boulevard, Second Floor, Hollywood, FL
33021; Attorney for Defendant, eservicchwd@conroysimberg.com, lfirye@jwconroysimberg.com.
John Lanpher, III, Esq.
Fla. Bar No. 118767
Thomas J. Morgan, Jr.
Fla. Bar No. 127612
MORGAN LAW GROUP, P.A.
Attorneys for Plaintiffs
55 Merrick Way, Suite 404
Coral Gables, Florida 33134
Phone: 305.569.9900
Fax: 305.443.6828
Pleadings only: mig.eservice@morganlawgroup.net
Jlanpher(@morganlawgroup.net
By: _s/John Lanpher, III
/ks John Lanpher, III, Esq.
[EXHIBIT "C"|
CAD-Caryn Harlos
From: CAD-Caryn Harlos
Sent: Monday, December 21, 2020 10:29 AM
To: ‘Deastro@morganlawgroup.net’; ‘mlg.eservice@morganlawgroup.net'
Subject: 1933233 Cyr v. Edison
Attachments: SETTLEMENT DOCS.pdf
Attached please find the settlement documents in this matter pending your submission of the requested W9s and
mortgage statement.
CARYN ANN HARLOS
PARALEGAL
a ae ee en
PSF VN Tu AA
SRNR
Merlweer boo iedit. | (581) 697-8088
a)\/TF
te DE ce loom Comal edwap |©(661) 523-2250 (Cell
(561) 997-8864 (Fax)
{801 Centrepark Drive East
| Suite 200
West Palm Beach, FL 33401
a
HOLLYWOOD WEST PALM GEACH ORLANDO FORT MYERS MIAM) PENSACOLA
TALLANASSEE TAMPA JACKSONVILLE NAPLES THOMASVILLE, GA
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and may be legally privileged pursuant
to Florida Statute
90.502. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and
all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient
of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an
attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1.285(b). Do not disclose the contents or take any action in reliance upon the information contained
in this communication or any attachments.
Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is
received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use.
1
NZ NK IPYO
ROBERT S. HORWITZ | PARTNER
1801 CENTREPARK DRIVE EAST, SUITE 200
WEST PALM BEACH, FL 33401
DIRECT (561) 478-6047
MAIN (561) 697-8088
FAX (561) 697-8664
rhorwitz@conroysimberg.com
December 18, 2020
VIA EMAIL
J. Morgan, Jr., Esq.
Morgan Law Group, P.A.
55 Merrick Way
Suite 404
Coral Gables, FL 33134
Re: CYR, TIMOTHY & JESSICA V. EDISON INSURANCE COMPANY
Claim No.: EDI931109
Court Case No:: 19001054CA
Date of Incident: 10/10/18
Our File No.: 1933233
Dear Mr. Morgan:
We confirm a full and final settlement of the above matter including any claims for
attorneys’ fees and costs for the global sum of $83,000.00 to be paid as follows:
e $70,000.00 new monies payable to Timothy Cyr, Jessica Cyr, PMR Public Adjusters,
and Pennymac Loan Services, LLC;
e $13,000.00 new monies to be paid to The Morgan Law Group for attorney’s fees and
costs pursuant to Florida Statute §627.428;
As a condition of settlement, and in order to deliver to you the settlement checks, we
need your prompt return of the attached Release to be executed by your clients, as well as
your agreement for our offices to file the enclosed Agreed Order of Dismissal with Prejudice.
Please promptly advise if any changes are requested for the Release or the Order of Dismissal.
HOLLYWOOD WEST PALM BEACH ORLANDO FORT MYERS RAMA PENSACOLA TALLAHASSEE TAMPA JACKSONVILLE HAPLES THOMASVILLE, GA
sc na ana CONROYSIMBERG.COM
J. Morgan, Jr., Esq.
CYR, TIMOTHY & JESSICA V. EDISON INSURANCE COMPANY
December 18, 2020
Page 2
We do not wish to delay in any way the forwarding of the settlement checks but cannot
do so without your return of the executed Release, checks to be issued within twenty (20) days
after receipt of the executed release. Therefore, if for any reason you or your clients will be
unable to return the signed Release to us within the next few days, please let us know.
Very truly yours,
Is/
Robert S. Horwitz
RSH/cah
Enclosure
cc: Florida Peninsula Insurance Company
1933233
POLICYHOLDERS’ RELEASE
KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of Eighty-
Three Thousand Dollars and No Cents ($83,000.00) to be paid as follows:
e $70,000.00 new monies payable to Timothy Cyr, Jessica Cyr, PMR Public
Adjusters, and Pennymac Loan Services, LLC;
e $13,000.00 new monies to be paid to The Morgan Law Group for attorney’s fees
and costs pursuant to Florida Statute §627.428;
and other good and valuable consideration, heretofore received, sufficiency of all of which
are hereby acknowledged, we, Timothy Cyr and Jessica Cyr, under Policy Number:
EDH4035745 (the “Policy”) issued by Edison Insurance Company (“FPIC”), for ourselves
as well as any mortgage-holders, loss payees or additional insureds under the Policy and
as to any of our heirs, successors, agents, subcontractors or assigns, do hereby fully
release and forever discharge Edison Insurance Company, together with its or their
predecessor or successor entities, any affiliates, producer-agents or sub-agents as well
as any of its or their employees, officers, directors, agents, field adjusters, consultants,
attorneys, Claim Administrators or other claim investigators as well as any reinsurers
(collectively “Releasees”), of and from any claims, suits or demands for any damages to
the property insured under the Policy or otherwise, including without limiting the generality
of the foregoing, as arising from the certain incident involving windstorm damages which
reportedly arose on or about October 10, 2018 (Claim Number EDI931109), or otherwise
(the “Incident’) including without limitation, any losses, expenses, or damages of
whatsoever kind against Releasees under said Policy and any insurance coverages
under said Policy, which we ever had, have or may have in the future in any manner
arising from the Incident causing damages to any insured property at 2651 Peton Way,
Panama City, Florida 32405 (the “Property”). This Release includes, but isnot limited to,
any claims for loss or damage, expense for repair or replacement or alleged diminished
value to any portion of the Property whether the Dwelling or Structure; any Other
Structures as defined in the Policy; Personal Property (contents); Loss of Use; Debris
Removal; Demolition; any additional or increased rebuilding costs to comply with any
building codes (“Ordinance or Law” coverage); trees, shrubs or landscaping; or any other
supplemental or additional coverages under the Policy, to which we may otherwise be
entitled or any other expenses incurred or as may hereafter be incurred or owing under
the Policy, inclusive of any deductibles, depreciation or other policy terms as well as any
claims for attorneys’ fees, public adjusters’ fees, costs, expenses, interest or otherwise
for compensatory, statutory or punitive damages, any bad faith claims handling or any
other kinds of damages howsoever characterized, which were or could have been alleged
as a result of this Incident or as arising from the lawsuit styled as Timothy Cyr and Jessica
Cyr, filed in the Circuit Court of the 14th Judicial Circuit in and for Bay County, Florida,
Case No. 19001054CA this lawsuit to be dismissed with prejudice.
We hereby indemnify and hold harmless Releasees of and from any fees, liens,
claims or demands for reimbursement, payment of charges, or other sums whether under
contract or otherwise owing to or for any of our contractors, materialmen, mortgagees,
loss payees, attorneys, public adjusters, experts or any others acting on our behalf as
well as any additional insureds or any other persons or entities claiming any insurable
interest in the Policy or claim payment proceeds that could be made against Releasees
for these claims or the Incident.
This is acompromise of certain disputed coverages or their available limits under
the subject insurance Policy and all applicable Florida laws or statutes, including without
limitation any present or future interpretations of Florida’s Valued Policy Law under Fla.
Stat. 627.702 et. seq., or any amendments thereto. It is understood that some or all of
the damages or needed repairs have not been incurred or completed and that this
compromise agreement is in full and final settlement of any and all claims, known or
unknown, repaired or unrepaired, incurred or not yet incurred, arising from these claims
under the Policy regardless of ultimate cost or expense for any repairs we may make to
the Property or any loss or expense we may otherwise incur hereafter and regardless of
the cause or causes of the damages sustained during or as a result of the Incident.
We agree that upon tender of the settlement funds that Edison Insurance
Company, through their counsel, may file an Agreed Order of Dismissal with Prejudice.
This Agreement is and shall be binding upon all parties hereto, their heirs,
successors or assigns and shall be construed and governed by the laws of the State of
Florida. This Agreement is the entire agreement between the parties, we having entered
into this Agreement of our own free will and on the advice of our own legal counsel and
nothing other than that contained herein has been promised to us.
We have fully read and understood the terms of this Agreement which has been
translated, if applicable, in our primary language, before signing.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Witness our signatures and seal this day of , 2020.
TIMOTHY CYR
STATE OF FLORIDA )
COUNTY OF )
SWORN TO AND SUBSCRIBED BEFORE ME_ this day of
,2020, by , who is personally known by me or who has
produced as identification and who did/did not take an
oath.
Notary Public
My Commission Expires:
JESSICA CYR
STATE OF FLORIDA )
COUNTY OF )
SWORN TO AND SUBSCRIBED BEFORE ME_ this day of
,2020, by , who is personally known by me or who has
produced as identification and who did/did not take an
oath.
Notary Public
My Commission Expires:
1933233
IN THE CIRCUIT COURT OF THE 14TH JUDICIAL
CIRCUIT IN AND FOR BAY COUNTY, FLORIDA
CASE NO. 19001054CA
TIMOTHY CYR and JESSICA CYR,
Plaintiffs,
V.
EDISON INSURANCE COMPANY,
Defendant.
/
AGREED FINAL ORDER OF DISMISSAL WITH PREJUDICE
Upon stipulation of Plaintiffs, Timothy Cyr and Jessica Cyr, and Defendant, Edison
Insurance Company, that all matters in controversy have been compromised and settled
between them, and for good cause shown, it is hereby,
ORDERED and ADJUDGED that any claims between these parties be dismissed
with prejudice, each party to bear their own fees and costs.
DONE and ORDERED in Chambers, Bay County, Florida, this __——__—s day ‘of
, 2020.
CIRCUITCOURTJUDGE i ai ess—
Copies furnished to:
John R. Mahoney, Esquire, jmahoney@conroysimberg.com,
eservicepns@conroysimberg.com
J. Morgan, Jr., Esq, mlg.eservice@morganlawgroup.net
CAD-Caryn Harlos
From: FIR-Frances Raab
Sent: Wednesday, January 06, 2021 8:52 AM
To: ‘Kathy Suarez’; RSH-Robert S. Horwitz; PWL-Patrick W. Luna
Ce: Paloma Correa; Wadlene Fritz; Arelys Vega; John Lanpher
Subject: RE: Settlement confirmation - Timothy and Jessica Cyr v. Edison
Attachments: 5QV4333.pdf
Please see attached release for your clients’ signature.
| FRANCES |.RAAB
PARALEGAL
serenity, Sib emia, é4
:fo ~ :a ‘asx |r
osa aN—7
Dal ccd Nc SW cccehadan, | (581) 697-8088
——— \/ | Laon = B.© wom | (561) 697-8664 (Fax)
—_—— —E——r—e St 1804 Centrepark Drive East
Suite 200
| West Palm Beach, FL 33404
ROLLY YY 300, WEST PALM BEACH ORLANDO FORTMYERS MILAM) PENSACGLS
TALLAHASSEE TAMPA JACKSONVILLE MAPLES THOMASVILLE, GA
Due to the recent restrictions arising as a result of COVID-19 (Coronavirus), we respectfully request
that you send any documentation/correspondence electronically instead of via mail or fax if you are able.
PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and may be legally privileged pursuant
to Florida Statute
90.502. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and
all attachments, ifany, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If yeu are not the intended recipient
of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an
attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1.285(b). Do not disclose the contents or take any action in reliance upon the information contained
in this communication or any atlachments.
Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is
received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use.
From: Kathy Suarez [mailto:ksuarez@morganlawgroup.net]
Sent: Wednesday, December 16, 2020 4:12 PM
To: RSH-Robert S. Horwitz ; CAD-Caryn Harlos ; PSC-
Pamela S. Cole
Cc: Paloma Correa ; Wadlene Fritz ; Arelys Vega
; John Lanpher
Subject: RE: Settlement confirmed but PA and AOB issue needs addressed - RE: Settlement confirmation - Timothy and
Jessica Cyr v. Edison
1
[External Email]
Good afternoon,
Please advise when we should expect to receive the settlement documents for this matter.
Thank you,
Halny Suarez
Supervisor - Settlement Department
*, eas gern oe age
RK
aoe
fi] f *
we
| 2) garry
ME
woupays
~
=
a Day Ja.2
42. Lo 3 4 a. |2...
LeuaaSe”
ERGRE Gee
ian Z sec2
Cpe Fivety Peres vole ey siete
Office : (805) 569-9900
Voll Free : (888) 904-CLAIM
Fax : (305) 443-6828
Emel: kSUareZ@morganiawaroup net
Representing Policyholders Throughout Florida
55 Merrick Way, Suite 404
Coral Gables, FL 33134
CONFIDENTIALITY NOTICE: This e-mail and any attachments contain information from the law firm of The Morgan Law Group, P.A., and are intended solely for
the use of the named recipient or recipients.
This e-mail may contain privileged attorney/client communications or work product.
Any dissemination of this e-
mail by anyone other than an intended recipient is strictly prohibited.
If you are not the named recipient, you are prohibited from any further viewing of the e-
mail or any attachments or from making any use of the e-mail or attachments.
If you believe you have received this e-mail in error, notify the sender
immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-
mail or attachments.
From: JUM-John R. Mahoney
Sent: Thursday, December 10, 2020 12:39 PM
To: John Lanpher
Cc: Yesenia Engracio ; Erick Espinola ; Thomas
Morgan Jr. ; Lianabell Martinez ; Barbara Garcia
; Anna Coward ; Anamari Amaya
; Kathy Suarez ; Paloma Correa
; Wadlene Fritz ; Arelys Vega
; RSH-Robert S. Horwitz ; CAD-Caryn Harlos
; PSC-Pamela S. Cole
Subject: Settlement confirmed but PA and AOB issue needs addressed - RE: Settlement confirmation - Timothy and
Jessica Cyr v. Edison
John,
it was a pleasure to work with you on this case. We confirm the settlement of your clients claim in the Bay County
Circuit Case 19001054CA, Timothy and Jessica Cyr v. Edison Insurance Company for $83,000.00 global inclusive of
attorney fees and costs. The settlement of this matter requires that one check gets written for indemnity payments to
your client , their mortgage company and the PA if one was retained and a second check to be written to your firm for
attorney fees and costs. Your clients will be required to execute a policy holder general release and settlement
2
agreement to be inclusive of any and ail claims including extra-contractual, bad faith or any other claims or causes of
action related to the subject claim or litigation.
We are in receipt of your email below which contains the settlement breakdown you are requesting. Please be advised
that our file is showing that PMR Public adjusters are involved in this claim so that PA will need to be included on the
indemnity check. Also we are showing Pennymac loan services, LLC. as the mortgage carrier
Preview
Filing # 121528017 E-Filed 02/17/2021 10:57:52 AM 1933233 IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19001054CA TIMOTHY CYR and JESSICA CYR, Plaintiffs, V. EDISON INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO ENFORCE SETTLEMENT AGREEMENT Defendant, Edison Insurance Company, by and through the undersigned counsel, files this Motion to Enforce Settlement Agreement, and as grounds therefore, would state: 1. This is a first party breach of contract action arising out of an insurance claim filed by Plaintiffs against Defendant. 2. Via emails dated December 9, 2020 and December 10, 2020, the parties confirmed settlement of this matter. See attached emails attached hereto as composite Exhibit A. 3. Plaintiff filed a Notice of Settlement with this Court on December 10, 2020. See Exhibit B. 4. Via emails dated December 21, 2020 and January 6, 2020 settlement documents were transmitted to Plaintiff for execution. See attached emails with settlement documents attached hereto as composite Exhibit C. CASE NO. 19001054CA 5. On January 14, 2021, Plaintiffs notified Defendant via email that they will not be honoring the previous agreed-upon settlement and filed a Notice of Withdrawal of Settlement. See composite Exhibit D. 6. On January 22, 2021, Defendant informed Plaintiffs that itwould be filing this Motion to Enforce Settlement. See Exhibit E. T. Defendant maintains that a settlement has been reached, as there was an offer, acceptance of that offer, and the settlement proceeds would serve as consideration. 8. However, Plaintiffs are refusing to honor their previous agreement leading to this Motion for this Court’s intervention to enforce. WHEREFORE, Defendant, Edison Insurance Company, respectfully requests that this Court issue an Order compelling the enforcement of the settlement of this case. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal to J. Morgan, Jr., Esquire and Daniel D. Castro, Esquire, Morgan Law Group, P.A., 55 Merrick Way, Suite 404, Coral Gables, FL 33134, Attorneys for Plaintiffs, mlg.eservice@morganlawgroup.net, Dcastro@morganlawgroup.net on this 17‘ day of February, 2021. CONROY SIMBERG Attorney for Defendant, Edison Insurance Company 125 West Romana Street, Suite 320 Pensacola, FL 32502 Telephone: (850) 436-6605 Facsimile: (850) 436-2102 Primary Email: eservicepns@conroysimberg.com Secondary Email: pluna@conroysimberg.com By: _/s/Patrick Wade Luna Patrick Wade Luna, Esquire Florida Bar No. 102206 2 [EXHIBIT "A"| CAD-Caryn Harlos From: John Lanpher Sent: Wednesday, December 09, 2020 12:41 PM To: JUM-John R. Mahoney Ce: Yesenia Engracio; Erick Espinola; Thomas Morgan Jr.; Lianabell Martinez; Barbara Garcia; Anna Coward; Anamari Amaya; Kathy Suarez; Paloma Correa; Wadlene Fritz; Arelys Vega Subject: Settlement confirmation - Timothy and Jessica Cyr v. Edison [External Email] John, Per our conversation, I have obtained authority to resolve this claim for the amount offered. Upon confirmation, please have the documents and drafts issued to indicate the amounts and payees as follows: $70,000.00 payable to Timothy Cyr, Jessica Cyr, The Morgan Law Group, and mortgagee (if any); $13,000.00 payable to The Morgan Law Group. Please note this would not include any third parties that are in possession of an AOB at this time, should they exist (my file does not reflect any). John D. Lanpher li Attorney at Law <_< = ge Office (Gables): (305) 569-9900 i| « Oflce (PC): (850) 403-0992 Ly Lal Email: flanpbher@morganlawaroup.net {HE MORGAN LAW ERILS Representing Policyholders Throughout Florida Rain Office: 55 Merrick Way, Suite 404 Coral Gables, FL 33134 www.policyadvocate.com CONFIDENTIALITY NOTICE: This e-mail and any attachments contain information from the law firm of The Morgan Law Group, P.A., and are intended solely for the use of the named recipient or recipients. This e-mail may contain privileged attorney/client communications or work product. Any dissemination of this e- mail by anyone other than an intended recipient is strictly prohibited. If you are not the named recipient, you are prohibited from any further viewing of the e- mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e- mail or attachments. 1 CAD-Caryn Harlos From: JUM-John R. Mahoney Sent: Thursday, December 10, 2020 10:39 AM To: ‘John Lanpher' Ce: Yesenia Engracio; Erick Espinola; Thomas Morgan Jr.; Lianabell Martinez; Barbara Garcia; Anna Coward; Anamari Amaya; Kathy Suarez; Paloma Correa; Wadlene Fritz; Arelys Vega; RSH-Robert S. Horwitz; CAD-Caryn Harlos; PSC-Pamela S. Cole Subject: Settlement confirmed but PA and AOB issue needs addressed - RE: Settlement confirmation - Timothy and Jessica Cyr v. Edison John, it was a pleasure to work with you on this case. We confirm the settlement of your clients claim in the Bay County Circuit Case 19001054CA, Timothy and Jessica Cyr v. Edison Insurance Company for $83,000.00 global inclusive of attorney fees and costs. The settlement of this matter requires that one check gets written for indemnity payments to your client , their mortgage company and the PA if one was retained and a second check to be written to your firm for attorney fees and costs. Your clients will be required to execute a policy holder general release and settlement agreement to be inclusive of any and all claims including extra-contractual, bad faith or any other claims or causes of action related to the subject claim or litigation. We are in receipt of your email below which contains the settlement breakdown you are requesting. Please be acivised that our file is showing that PMR Public adjusters are involved in this claim so that PA will need to be included on the indemnity check. Also we are showing Pennymac loan services, LLC. as the mortgage carrier and we will need an updated mortgage statement from your client confirming that mortgage company is still accurate. Additionally, we cid not agree that our release would exclude any third parties that may be in possession of an AOB. We will not carve that exception out in this release. Therefore, please speak with your clients regarding this issue and confirm whether they would like to proceed or not. Edison intends this settlement to be final and does not want to leave the door open for roofers, drywall repairrnan, mold inspectors, etc., to come back down the road and sue Edison separately for monies that are contemplated in this settlement. Thanks! f —_, oY ws, WN EE Oy hy as, W/ f - | R. MAHONEY ASSOCIATE (850) 436-6605 LALLALNIERA LY | (e507 430-4014 (teeny 7, - av i”.= | AAS|_ |_125 West Romana Street Suite 320 Pensacola, FL 32502 1 Due to the recent restrictions arising as a result of COVID-19 (Coronavirus), we respectfully request that you send any documentation/correspondence electronically instead of via mail or fax if you are able. PRIVILEGE AND CONFIDENTIALITY NOTICE : This ¢-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and may be legally privileged pursuant to Florida Staite 96.502. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1.285(b). Do not disclose the contents or take any action in reliance upen the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be Iree ef any virus or other defect that might affect any computer system inte which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use. From: John Lanpher [mailto:jlanpher@morganlawgroup.net] Sent: Wednesday, December 09, 2020 1:41 PM To: JUM-John R. Mahoney Cc: Yesenia Engracio ; Erick Espinola ; Thomas Morgan Jr. ; Lianabell Martinez ; Barbara Garcia ; Anna Coward ; Anamari Amaya ; Kathy Suarez ; Paloma Correa ; Wadlene Fritz ; Arelys Vega Subject: Settlement confirmation - Timothy and Jessica Cyr v. Edison {External Email] John, Per our conversation, I have obtained authority to resolve this claim for the amount offered. Upon confirmation, please have the documents and drafts issued to indicate the amounts and payees as follows: $70,000.00 payable to Timothy Cyr, Jessica Cyr, The Morgan Law Group, and mortgagee (if any); $13,000.00 payable to The Morgan Law Group. Please note this would not include any third parties that are in possession of an AOB at this time, should they exist (my file does not reflect any). Jonn 0. Lanpher li Attorney at Law e #«< 3 Office (Gables): (305) 569-9900 = fe 8 * ek prerae 1A/o) om @ i +| Office Email : (PC): (850) 403-0992 jlanoher@morganiawgroup net 2H MEGAN Law CEOES Representing Policyholders Throughout Florida Main Office: 55 Merrick Way, Suite 404 Coral Gables, FL 33134 www. policyadvocate.com CONFIDENTIALITY NOTICE: This e-mail and any attachments contain information from the law firm of The Morgan Law Group, P.A., and are intended solely for the use of the named recipient or recipients. This e-mail may contain privileged attorney/client communications or work product. Any dissemination of this e- mail by anyone other than an intended recipient is strictly prohibited. If you are not the named recipient, you are prohibited from any further viewing of the e- mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender 2 immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e- mail or attachments. 3 Filing # 117967283 E-Filed 12/10/2020 09:29:20 AM [EXHIBIT "B"| IN THE CIRCUIT COURT OF THE 14™ JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19001054CA TIMOTHY CYR & JESSICA CYR, FLORIDA BAR NO.: 118767 Plaintiffs, Vv. EDISON INSURANCE COMPANY, Defendant. a —(i—i‘“‘“‘i‘i‘ilr NOTICE OF SETTLEMENT COMES NOW Plaintiff, TIMOTHY CYR & JESSICA CYR, by and through the undersigned counsel, and filesthis Notice of Settlement advising this Honorable Court that the parties in the above- styled action have settled this case. The parties are finalizing the terms of the resolution and anticipate filing the appropriate dismissal documents with this Court. CERTIFICATE OF SERVICE We hereby certify that a true and correct copy of the foregoing was furnished by e-service pursuant to Rule 2.516(b)(1) this 10 day of December, 2020 via e-filing portal, upon: Lateshia Frye, Esquire, CONROY SIMBERG; 3440 Hollywood Boulevard, Second Floor, Hollywood, FL 33021; Attorney for Defendant, eservicchwd@conroysimberg.com, lfirye@jwconroysimberg.com. John Lanpher, III, Esq. Fla. Bar No. 118767 Thomas J. Morgan, Jr. Fla. Bar No. 127612 MORGAN LAW GROUP, P.A. Attorneys for Plaintiffs 55 Merrick Way, Suite 404 Coral Gables, Florida 33134 Phone: 305.569.9900 Fax: 305.443.6828 Pleadings only: mig.eservice@morganlawgroup.net Jlanpher(@morganlawgroup.net By: _s/John Lanpher, III /ks John Lanpher, III, Esq. [EXHIBIT "C"| CAD-Caryn Harlos From: CAD-Caryn Harlos Sent: Monday, December 21, 2020 10:29 AM To: ‘Deastro@morganlawgroup.net’; ‘mlg.eservice@morganlawgroup.net' Subject: 1933233 Cyr v. Edison Attachments: SETTLEMENT DOCS.pdf Attached please find the settlement documents in this matter pending your submission of the requested W9s and mortgage statement. CARYN ANN HARLOS PARALEGAL a ae ee en PSF VN Tu AA SRNR Merlweer boo iedit. | (581) 697-8088 a)\/TF te DE ce loom Comal edwap |©(661) 523-2250 (Cell (561) 997-8864 (Fax) {801 Centrepark Drive East | Suite 200 West Palm Beach, FL 33401 a HOLLYWOOD WEST PALM GEACH ORLANDO FORT MYERS MIAM) PENSACOLA TALLANASSEE TAMPA JACKSONVILLE NAPLES THOMASVILLE, GA PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and may be legally privileged pursuant to Florida Statute 90.502. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1.285(b). Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use. 1 NZ NK IPYO ROBERT S. HORWITZ | PARTNER 1801 CENTREPARK DRIVE EAST, SUITE 200 WEST PALM BEACH, FL 33401 DIRECT (561) 478-6047 MAIN (561) 697-8088 FAX (561) 697-8664 rhorwitz@conroysimberg.com December 18, 2020 VIA EMAIL J. Morgan, Jr., Esq. Morgan Law Group, P.A. 55 Merrick Way Suite 404 Coral Gables, FL 33134 Re: CYR, TIMOTHY & JESSICA V. EDISON INSURANCE COMPANY Claim No.: EDI931109 Court Case No:: 19001054CA Date of Incident: 10/10/18 Our File No.: 1933233 Dear Mr. Morgan: We confirm a full and final settlement of the above matter including any claims for attorneys’ fees and costs for the global sum of $83,000.00 to be paid as follows: e $70,000.00 new monies payable to Timothy Cyr, Jessica Cyr, PMR Public Adjusters, and Pennymac Loan Services, LLC; e $13,000.00 new monies to be paid to The Morgan Law Group for attorney’s fees and costs pursuant to Florida Statute §627.428; As a condition of settlement, and in order to deliver to you the settlement checks, we need your prompt return of the attached Release to be executed by your clients, as well as your agreement for our offices to file the enclosed Agreed Order of Dismissal with Prejudice. Please promptly advise if any changes are requested for the Release or the Order of Dismissal. HOLLYWOOD WEST PALM BEACH ORLANDO FORT MYERS RAMA PENSACOLA TALLAHASSEE TAMPA JACKSONVILLE HAPLES THOMASVILLE, GA sc na ana CONROYSIMBERG.COM J. Morgan, Jr., Esq. CYR, TIMOTHY & JESSICA V. EDISON INSURANCE COMPANY December 18, 2020 Page 2 We do not wish to delay in any way the forwarding of the settlement checks but cannot do so without your return of the executed Release, checks to be issued within twenty (20) days after receipt of the executed release. Therefore, if for any reason you or your clients will be unable to return the signed Release to us within the next few days, please let us know. Very truly yours, Is/ Robert S. Horwitz RSH/cah Enclosure cc: Florida Peninsula Insurance Company 1933233 POLICYHOLDERS’ RELEASE KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of Eighty- Three Thousand Dollars and No Cents ($83,000.00) to be paid as follows: e $70,000.00 new monies payable to Timothy Cyr, Jessica Cyr, PMR Public Adjusters, and Pennymac Loan Services, LLC; e $13,000.00 new monies to be paid to The Morgan Law Group for attorney’s fees and costs pursuant to Florida Statute §627.428; and other good and valuable consideration, heretofore received, sufficiency of all of which are hereby acknowledged, we, Timothy Cyr and Jessica Cyr, under Policy Number: EDH4035745 (the “Policy”) issued by Edison Insurance Company (“FPIC”), for ourselves as well as any mortgage-holders, loss payees or additional insureds under the Policy and as to any of our heirs, successors, agents, subcontractors or assigns, do hereby fully release and forever discharge Edison Insurance Company, together with its or their predecessor or successor entities, any affiliates, producer-agents or sub-agents as well as any of its or their employees, officers, directors, agents, field adjusters, consultants, attorneys, Claim Administrators or other claim investigators as well as any reinsurers (collectively “Releasees”), of and from any claims, suits or demands for any damages to the property insured under the Policy or otherwise, including without limiting the generality of the foregoing, as arising from the certain incident involving windstorm damages which reportedly arose on or about October 10, 2018 (Claim Number EDI931109), or otherwise (the “Incident’) including without limitation, any losses, expenses, or damages of whatsoever kind against Releasees under said Policy and any insurance coverages under said Policy, which we ever had, have or may have in the future in any manner arising from the Incident causing damages to any insured property at 2651 Peton Way, Panama City, Florida 32405 (the “Property”). This Release includes, but isnot limited to, any claims for loss or damage, expense for repair or replacement or alleged diminished value to any portion of the Property whether the Dwelling or Structure; any Other Structures as defined in the Policy; Personal Property (contents); Loss of Use; Debris Removal; Demolition; any additional or increased rebuilding costs to comply with any building codes (“Ordinance or Law” coverage); trees, shrubs or landscaping; or any other supplemental or additional coverages under the Policy, to which we may otherwise be entitled or any other expenses incurred or as may hereafter be incurred or owing under the Policy, inclusive of any deductibles, depreciation or other policy terms as well as any claims for attorneys’ fees, public adjusters’ fees, costs, expenses, interest or otherwise for compensatory, statutory or punitive damages, any bad faith claims handling or any other kinds of damages howsoever characterized, which were or could have been alleged as a result of this Incident or as arising from the lawsuit styled as Timothy Cyr and Jessica Cyr, filed in the Circuit Court of the 14th Judicial Circuit in and for Bay County, Florida, Case No. 19001054CA this lawsuit to be dismissed with prejudice. We hereby indemnify and hold harmless Releasees of and from any fees, liens, claims or demands for reimbursement, payment of charges, or other sums whether under contract or otherwise owing to or for any of our contractors, materialmen, mortgagees, loss payees, attorneys, public adjusters, experts or any others acting on our behalf as well as any additional insureds or any other persons or entities claiming any insurable interest in the Policy or claim payment proceeds that could be made against Releasees for these claims or the Incident. This is acompromise of certain disputed coverages or their available limits under the subject insurance Policy and all applicable Florida laws or statutes, including without limitation any present or future interpretations of Florida’s Valued Policy Law under Fla. Stat. 627.702 et. seq., or any amendments thereto. It is understood that some or all of the damages or needed repairs have not been incurred or completed and that this compromise agreement is in full and final settlement of any and all claims, known or unknown, repaired or unrepaired, incurred or not yet incurred, arising from these claims under the Policy regardless of ultimate cost or expense for any repairs we may make to the Property or any loss or expense we may otherwise incur hereafter and regardless of the cause or causes of the damages sustained during or as a result of the Incident. We agree that upon tender of the settlement funds that Edison Insurance Company, through their counsel, may file an Agreed Order of Dismissal with Prejudice. This Agreement is and shall be binding upon all parties hereto, their heirs, successors or assigns and shall be construed and governed by the laws of the State of Florida. This Agreement is the entire agreement between the parties, we having entered into this Agreement of our own free will and on the advice of our own legal counsel and nothing other than that contained herein has been promised to us. We have fully read and understood the terms of this Agreement which has been translated, if applicable, in our primary language, before signing. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Witness our signatures and seal this day of , 2020. TIMOTHY CYR STATE OF FLORIDA ) COUNTY OF ) SWORN TO AND SUBSCRIBED BEFORE ME_ this day of ,2020, by , who is personally known by me or who has produced as identification and who did/did not take an oath. Notary Public My Commission Expires: JESSICA CYR STATE OF FLORIDA ) COUNTY OF ) SWORN TO AND SUBSCRIBED BEFORE ME_ this day of ,2020, by , who is personally known by me or who has produced as identification and who did/did not take an oath. Notary Public My Commission Expires: 1933233 IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19001054CA TIMOTHY CYR and JESSICA CYR, Plaintiffs, V. EDISON INSURANCE COMPANY, Defendant. / AGREED FINAL ORDER OF DISMISSAL WITH PREJUDICE Upon stipulation of Plaintiffs, Timothy Cyr and Jessica Cyr, and Defendant, Edison Insurance Company, that all matters in controversy have been compromised and settled between them, and for good cause shown, it is hereby, ORDERED and ADJUDGED that any claims between these parties be dismissed with prejudice, each party to bear their own fees and costs. DONE and ORDERED in Chambers, Bay County, Florida, this __——__—s day ‘of , 2020. CIRCUITCOURTJUDGE i ai ess— Copies furnished to: John R. Mahoney, Esquire, jmahoney@conroysimberg.com, eservicepns@conroysimberg.com J. Morgan, Jr., Esq, mlg.eservice@morganlawgroup.net CAD-Caryn Harlos From: FIR-Frances Raab Sent: Wednesday, January 06, 2021 8:52 AM To: ‘Kathy Suarez’; RSH-Robert S. Horwitz; PWL-Patrick W. Luna Ce: Paloma Correa; Wadlene Fritz; Arelys Vega; John Lanpher Subject: RE: Settlement confirmation - Timothy and Jessica Cyr v. Edison Attachments: 5QV4333.pdf Please see attached release for your clients’ signature. | FRANCES |.RAAB PARALEGAL serenity, Sib emia, é4 :fo ~ :a ‘asx |r osa aN—7 Dal ccd Nc SW cccehadan, | (581) 697-8088 ——— \/ | Laon = B.© wom | (561) 697-8664 (Fax) —_—— —E——r—e St 1804 Centrepark Drive East Suite 200 | West Palm Beach, FL 33404 ROLLY YY 300, WEST PALM BEACH ORLANDO FORTMYERS MILAM) PENSACGLS TALLAHASSEE TAMPA JACKSONVILLE MAPLES THOMASVILLE, GA Due to the recent restrictions arising as a result of COVID-19 (Coronavirus), we respectfully request that you send any documentation/correspondence electronically instead of via mail or fax if you are able. PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and may be legally privileged pursuant to Florida Statute 90.502. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, ifany, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If yeu are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1.285(b). Do not disclose the contents or take any action in reliance upon the information contained in this communication or any atlachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use. From: Kathy Suarez [mailto:ksuarez@morganlawgroup.net] Sent: Wednesday, December 16, 2020 4:12 PM To: RSH-Robert S. Horwitz ; CAD-Caryn Harlos ; PSC- Pamela S. Cole Cc: Paloma Correa ; Wadlene Fritz ; Arelys Vega ; John Lanpher Subject: RE: Settlement confirmed but PA and AOB issue needs addressed - RE: Settlement confirmation - Timothy and Jessica Cyr v. Edison 1 [External Email] Good afternoon, Please advise when we should expect to receive the settlement documents for this matter. Thank you, Halny Suarez Supervisor - Settlement Department *, eas gern oe age RK aoe fi] f * we | 2) garry ME woupays ~ = a Day Ja.2 42. Lo 3 4 a. |2... LeuaaSe” ERGRE Gee ian Z sec2 Cpe Fivety Peres vole ey siete Office : (805) 569-9900 Voll Free : (888) 904-CLAIM Fax : (305) 443-6828 Emel: kSUareZ@morganiawaroup net Representing Policyholders Throughout Florida 55 Merrick Way, Suite 404 Coral Gables, FL 33134 CONFIDENTIALITY NOTICE: This e-mail and any attachments contain information from the law firm of The Morgan Law Group, P.A., and are intended solely for the use of the named recipient or recipients. This e-mail may contain privileged attorney/client communications or work product. Any dissemination of this e- mail by anyone other than an intended recipient is strictly prohibited. If you are not the named recipient, you are prohibited from any further viewing of the e- mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e- mail or attachments. From: JUM-John R. Mahoney Sent: Thursday, December 10, 2020 12:39 PM To: John Lanpher Cc: Yesenia Engracio ; Erick Espinola ; Thomas Morgan Jr. ; Lianabell Martinez ; Barbara Garcia ; Anna Coward ; Anamari Amaya ; Kathy Suarez ; Paloma Correa ; Wadlene Fritz ; Arelys Vega ; RSH-Robert S. Horwitz ; CAD-Caryn Harlos ; PSC-Pamela S. Cole Subject: Settlement confirmed but PA and AOB issue needs addressed - RE: Settlement confirmation - Timothy and Jessica Cyr v. Edison John, it was a pleasure to work with you on this case. We confirm the settlement of your clients claim in the Bay County Circuit Case 19001054CA, Timothy and Jessica Cyr v. Edison Insurance Company for $83,000.00 global inclusive of attorney fees and costs. The settlement of this matter requires that one check gets written for indemnity payments to your client , their mortgage company and the PA if one was retained and a second check to be written to your firm for attorney fees and costs. Your clients will be required to execute a policy holder general release and settlement 2 agreement to be inclusive of any and ail claims including extra-contractual, bad faith or any other claims or causes of action related to the subject claim or litigation. We are in receipt of your email below which contains the settlement breakdown you are requesting. Please be advised that our file is showing that PMR Public adjusters are involved in this claim so that PA will need to be included on the indemnity check. Also we are showing Pennymac loan services, LLC. as the mortgage carrier