Can Bankers Change the Initial Adjustor Who Has Settelment Authority and Had Entered Into Verbal Agreement Deretmining the Amount of Damage ?
In Bankers Security Insurance Co. v. Brady, 765 So. 2d 870 (Fla. 5th DCA 2000), Bankers Insurance covered the insured's home under a homeowners' policy. 765 So. 2d at 871.
A lightning strike and fire damaged the home.
Bankers retained an independent adjustor and the insured retained a public adjustor to determine the amount of damages due under the policy.
According to the insured, the adjustors reached an agreement that the loss totaled $65,000.
The adjustor for Bankers later informed the insured's adjustor that a new adjustor had assumed responsibility for the claim.
The insured sued, alleging breach of the oral settlement.
Based on the adjustors' depositions, the trial court ruled that the initial adjustor for Bankers had settlement authority and therefore the parties had entered into a verbal agreement determining the amount of damage. 765 So. 2d at 871-72.
The Fifth District affirmed. Id. at 873.