Defining Occurrence – When Policy Definitions Do Not Apply To All Coverages
September 24, 2020
The time to respond to a proposal for settlement can no longer be tolled by filing a motion to enlarge the time to respond, says the Florida Supreme Court in Koppel v. Ochoa, No. SC16-1474 (Fla. May 17, 2018), disapproved the tolling rule of Goldy v. Corbett Cranes Services, Inc., 692 So. 2d 225 (Fla. 5th DCA 1997). The new rule? The filing of a motion under Florida Rule of Civil Procedure 1.090 to enlarge the time to accept a proposal for settlement does not automatically toll the 30-day deadline for accepting the proposal until the motion is decided.
Practice tip: The offeree has 30 days to accept the offer after which, unless that time is extended by stipulation or court order, that offer is deemed rejected – there are no automatic extensions. Calendar carefully.