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Contracts Keyed to Epstein
Dale v. Schaub and State Farm Automobile Insurance Co.
Citation:
301 So.3d 1000 (2020)Facts
Plaintiff Kyle Dale filed suit against defendant Viktoria Schaub for a motor vehicle collision. Plaintiff also sued his own uninsured/underinsured motorist carrier for breach of contract. Schaub carried bodily injury insurance with limits in the amount of $100,000. Plaintiff’s attorney decided to send a proposal for settlement and sent it to each insurance company. Unfortunately, the attorney’s paralegal misconstrued the instructions and sent one to Scahub for $10,000 when the policy limit was $100,000. Plaintiff sought to withdraw the offer and set aside the acceptance based upon his attorney’s mistake in sending the offer for one-tenth of the policy limits.
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