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FL21 0140469 O920litrelease - Satterfield

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0% found this document useful (0 votes)
35 views7 pages

FL21 0140469 O920litrelease - Satterfield

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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RELEASE OF ALL CLAIMS

Claim No. FL21-0140469-O920

ANNA MARGARET SATTERFIELD (“SATTERFIELD” or “Releasor(s)”) do/does


hereby enter into this Release of All Claims with Universal Property & Casualty Insurance
Company in accordance with the terms and conditions set forth below (“Release”):

Whereas, Universal Property & Casualty Insurance Company issued Policy No. 1501-
2003-7151 to ANNA MARGARET SATTERFIELD for the insured location at 130 HIGH
PINES PL, PENSACOLA, FL 32503; subject to all terms, conditions, limitations, exclusions
and applicable Florida Statutes (“Policy”);

Whereas, SATTERFIELD submitted a claim to Universal Property & Casualty


Insurance Company hereinafter (“UNIVERSAL”) for damages allegedly sustained to the
property located at 130 HIGH PINES PL, PENSACOLA, FL 32503 occurring on or about
09/16/2020, and continuing thereafter bearing Claim No. FL21-0140469-O920 (“Claim”); and

Whereas, SATTERFIELD filed a lawsuit against UNIVERSAL styled ANNA


MARGARET SATTERFIELD vs. Universal Property & Casualty Insurance Company in the
Circuit Court of Escambia County, Florida, bearing Case No. 2023-CA-001523 (“Litigation”);

Whereas, the Parties have agreed to a complete and final resolution of this matter in
accordance with the terms and conditions set forth herein:

1. PARTIES: The terms and conditions of this Release shall be binding upon
SATTERFIELD, SATTERFIELD’s agents, representatives, attorneys, heirs, successors,
legal guardians or any others claiming any interest in the above-referenced Policy
(collectively referred to as “SATTERFIELD”). The terms and conditions and all protections
afforded by this Release shall inure to the benefit of Universal Property & Casualty
Insurance Company, its agents, employees, directors, officers, servants, subsidiaries,
affiliates, related entities, parent corporations, stockholders, stock holding entities, insurers,
reinsurers, successors, independent adjusters, assigns and legal representatives
(collectively referred to as “UNIVERSAL”).

2. PAYMENT: UNIVERSAL shall pay to SATTERFIELD the total sum of


$10,000.00 (Ten Thousand Dollars and Zero Cents.) as full and final settlement of this
matter. SATTERFIELD hereby authorize(s) payment as follows:

· $5,436.45 payable to Anna Margaret Satterfield; M&T Bank ISAOA; and Guard Your
Claim.
· $4,563.55 payable to Elevate Legal Services, PLLC.

1110 W. Commercial Blvd. Suite C Fort Lauderdale, FL 33309


Tel 954.958.3306 Toll Free 866.995.6201
Insured(s)’ Initials ____ ____
Release of All Claims
FL21-0140469-O920
Page 2 of 7

3. RELEASE: In consideration for the above-referenced sum, SATTERFIELD


forever release(s), waive(s) and discharge(s) any and all claims against UNIVERSAL related
to the damages allegedly sustained to the property referenced above on 09/16/2020, and
which formed the basis of the Claim and Litigation. SATTERFIELD expressly
acknowledge(s) that this Release extinguishes, waives and discharges any and all claims of
all elements of damage available under the Policy of insurance issued by UNIVERSAL
relating to this Claim or any other which could have been filed under the Policy pertaining to
the Claim and/or Litigation. SATTERFIELD expressly acknowledge(s) that this Release
waives, discharges and extinguishes any and all claims for all elements of damage under
the Policy in the past, present and future arising out of the above-referenced Claim and/or
Litigation and specifically waives any and all claims for damages which may be unknown or
unanticipated at this time or which may arise as a direct result of this Claim and/or Litigation
but which have not been discovered at this time. In addition, in consideration of the above-
referenced sum, SATTERFIELD expressly waive(s), discharge(s) and release(s) any and all
claims for bad faith whether predicated on common law or statutory basis which could have
been brought or may be brought relative to the above-referenced Claim and/or Litigation and
which were or could have been incorporated in the above-referenced Litigation. Specifically,
SATTERFIELD hereby forever release(s), waive(s) and discharge(s) any and all claims for
extra-contractual damages based upon statute or common law which could have been
brought in a bad faith action, including but not limited to any claims of personal injuries on
behalf of SATTERFIELD or insured(s), and claims of punitive damages or any other element
of damage which could have been brought or may be brought as the result of a bad faith
action or any other legal action relating to the Claim and/or Litigation referenced above.
SATTERFIELD expressly acknowledge(s) and understand(s) that this Release is a complete
release of any and all claims of any nature that could have been brought against
UNIVERSAL pertaining to this Claim and/or Litigation.

4. RELEASE DELIVERY: The executed Release must be sent ONLY via e-mail
to: [email protected].

The Parties agree that if the executed Release is not sent to the above e-mail
address, it is not considered tendered pursuant to Florida Statute §627.4265. The Parties
agree that payment pursuant to this Release will be mailed within 20 days to the attorney’s
business address, if applicable, or the last known address of the SATTERFIELD on file;
unless otherwise stipulated in this Release.

5. ATTORNEY’S FEES AND PUBLIC ADJUSTER’S FEES: Each party shall


bear all attorneys' fees and costs arising from the action of its own counsel and public
adjuster’s fees and costs in connection with this matter and the settlement payment
referenced above is inclusive of all attorneys’ fees, public adjuster’s fees, and costs incurred
by any party.

6. NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Upon receipt of


the fully executed Release counsel for UNIVERSAL shall forward the settlement funds.
Upon receipt of the settlement funds, counsel for SATTERFIELD shall file a Notice of

Insured(s)’ Initials ____ ____


Release of All Claims
FL21-0140469-O920
Page 3 of 7

Voluntary Dismissal with Prejudice with the Court dismissing the pending litigation unless the
settlement did not include attorney’s fees.

7. CONFIDENTIALITY OF SETTLEMENT: The Parties hereto are obligated to


keep the terms of this settlement confidential. It is specifically understood that no release of
information concerning this settlement shall be made and that disclosure of the terms of
settlement shall be restricted to those disclosures which are required by law and/or as may
be necessary to enable the undersigned to facilitate appropriate tax reporting, or in the
conduct of business necessary to complete this settlement. If inquiry is made by any person
about this release or the settlement agreement, the parties agree that they will state only
that they have resolved their differences amicably and that any Litigation has been ended;
unless and until, UNIVERSAL invokes its right to subrogation. If UNIVERSAL attempts to
recover the money paid and/or bring legal action based on the payments made herein, then
the requirement that the settlement remain confidential is void. All other terms and
conditions outlined in the Release will remain in full force and effect and the
SATTERFIELD(s) is/are bound by said terms. UNIVERSAL is not required to and will not
provide notice of its subrogation claim and/or lawsuit.

8. CAPACITY TO EXECUTE: SATTERFIELD represent(s) that SATTERFIELD


is/are of appropriate legal, physical and mental capacity to enter into and execute this
Agreement. SATTERFIELD acknowledge(s) that SATTERFIELD has/have not relied on any
representations or statements of UNIVERSAL or its attorneys to enter into this Release.

9. EXECUTION OF UNIVERSAL NOT REQUIRED: SATTERFIELD specifically


agree(s) and acknowledge(s) that this document does not need to be executed by
UNIVERSAL or its representatives to be fully binding upon SATTERFIELD and/or
UNIVERSAL.

10. ENTIRE AGREEMENT: This document comprises the entire agreement


between the Parties and supersedes all prior agreements whether written or oral.
SATTERFIELD acknowledge(s) and agree(s) that this Release was drafted by the Parties in
a joint effort and it is not to be construed against UNIVERSAL in the event of any ambiguity.

11. GOVERNING LAW: This Release shall be governed by the laws of the State
of Florida. Any action brought to enforce the terms of the Release shall be brought in
Broward County, Florida.

12. VOLUNTARY EXECUTION: It is hereby acknowledged that SATTERFIELD


execute(s) this Release upon SATTERFIELD’s free will and choice. At the time of
contemplation and execution of this Release, SATTERFIELD was/were under no duress or
outside influences of any type whatsoever. Further, this Release is not predicated upon any
other consideration other than the financial sums agreed to in Paragraph 2. Upon receipt of
the fully executed Release, UNIVERSAL shall forward the settlement funds within 20 days.
ANNA MARGARET SATTERFIELD is/are aware that this document will forever preclude
ANNA MARGARET SATTERFIELD from bringing any claims against UNIVERSAL for the

Insured(s)’ Initials ____ ____


Release of All Claims
FL21-0140469-O920
Page 4 of 7

damages sustained, in the past, present or future, even if such damages are currently
unknown or unanticipated with respect to the Claim referenced above. SATTERFIELD
has/have not relied upon any statements or representations made by UNIVERSAL, its
agents, attorneys or any insurance carriers in entering into this Release.

13. NO ADMISSION OF LIABILITY: It is understood and agreed that this Release


is a full compromise of a disputed claim and that neither this Release nor payment pursuant
to this Release shall be construed as an admission of liability on behalf of any party to this
matter.

14. SATISFACTION OF LIENS: SATTERFIELD agree(s) to satisfy any and all


liens or demands arising out of or related to the proceeds of this settlement, including any
liens or demands held or asserted by SATTERFIELD’s public adjuster, attorney or any other
party that has performed or will perform services, repairs, work, etc. in relation to the above-
referenced property related to or arising out of the Claim or Litigation.

15. DEFENSE AND INDEMNIFICATION: SATTERFIELD specifically


acknowledge(s) and agree(s) to protect, defend and indemnify UNIVERSAL against any and
all claims, liens, suits, assertions or causes of action pursued by any party, including
SATTERFIELD’s attorney, public adjuster, assignee of benefits or any other third-party
contracted to perform services or repairs related to the Claim and/or Litigation, arising out of
or otherwise related to UNIVERSAL’s tender of payment of settlement funds described in
Paragraph 2.

16. TAXABILITY: No representations have been made to SATTERFIELD


regarding the taxability of all or any portion of this settlement. SATTERFIELD had the
opportunity to seek independent advice regarding the tax consequences of this settlement
and accept(s) responsibility for satisfaction of any tax obligation that may result from this
settlement.

17. SUBROGATION, COOPERATION, and NOTICE:

A. SUBROGATION
If policy does not contain an automatic right of subrogation the following applies:

SATTERFIELD acknowledges that by making a payment under this policy UNIVERSAL is


entitled to recover damages from another and is subrogated to that right.

SATTERFIELD acknowledges that by UNIVERSAL making a payment under this policy


UNIVERSAL is subrogated to your right to recover damages from another.

B. COOPERATION AND NOTICE


SATTERFIELD must cooperate fully with all elements of the subrogation process including
litigation.

Insured(s)’ Initials ____ ____


Release of All Claims
FL21-0140469-O920
Page 5 of 7

The undersigned covenant(s) and agree(s) to give UNIVERSAL written notice immediately
upon the commencement of any action or proceeding against a third-party or parties, for
payments above and beyond the heretofore settled amounts, who may be liable for the loss,
injury, and/or damage arising out of the above-referenced event. The undersigned will also
advise UNIVERSAL if any third-party contacts the undersigned to negotiate a payment or
release for damages arising out of the above referenced event.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Insured(s)’ Initials ____ ____


Release of All Claims
FL21-0140469-O920
Page 6 of 7

_________________________ _____________________________________
Date Signature of ANNA MARGARET SATTERFIELD

STATE OF ____________________
COUNTY OF __________________

The foregoing instrument was acknowledged before me this ___________ day of


(day)

______________, 20____, by ______________________________________; who is


(month) (year) (Print Name)

Personally Known _____OR Produced Identification _____.

Type of Identification Produced ___________________________________________.

NAME OF NOTARY-TYPED/ SIGNATURE OF NOTARY


PRINTED OR STAMPED

MY COMMISSION EXPIRES

Insured(s)’ Initials ____ ____


Release of All Claims
FL21-0140469-O920
Page 7 of 7

Insured(s)’ Initials ____ ____

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