A Nominal Offer can Serve as a “Good Faith” Proposal for Settlement

A $100 “good faith” proposal for settlement? Can a nominal offer serve as “good faith”? Yes. In a recent property insurance coverage dispute, Citizens Property Insurance Corp. v. Sauerez, 51 Fla.L.Weekly D1687a (Fla. 3d DCA 2026), the insurer served a $100 proposal for settlement. The plaintiff did not accept. The insurer moved for summary judgment which the trial court granted. The insurer moved for its attorney’s fees based on the unaccepted proposal for settlement. The plaintiff claimed the $100 proposal was not made in good faith, which the trial court also agreed. This was reversed on appeal. “We find that the...

12 November

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Accord and Satisfaction requires Good Faith Conduct

Posted by David Adelstein

in Trial Perspectives

The party asserting accord and satisfaction must prove that “the amount of the claim was unliquidated or subject to a bona fide dispute.” [See Florida’s Uniform Commercial Code, § 673.3111(1).] The dispute cannot arise after the party seeking accord and satisfaction tenders the payment instrument intended to satisfy or discharge the debt. *** The party seeking accord and satisfaction must also tender the instrument in good faith. Because Florida caselaw regarding good faith in an accord and satisfaction context is relatively undeveloped, court decisions in other states with similar accord and satisfaction statutes are instructive. *** “Accord and satisfaction is something that must be...

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A Nominal Offer can Serve as a “Good Faith” Proposal for Settlement

Accord and Satisfaction requires Good Faith Conduct