Insurer is Entitled to a Set-Off for Sanctions By Moody Law | Personal Injury Attorneys on February 19, 2010

Nationwide Mutual Fire Insurance Company v. Voight, 21 So. 3d (Fla. 2d DCA 2009).  The plaintiff (claimant) in an uninsured motorist claim obtained a judgment against the UM carrier following a motor vehicle crash.  After the trial, the plaintiff sought to enforce an incorrect judgment.  Nationwide responded with a section 57.105 motion, requesting withdrawal of the motion or risk sanctions if the judge granted the motion.  The plaintiff chose to go forward anyway risking attorney fees and costs.  Ultimately, the judge found against the plaintiff and assessed $23,021.60 against the plaintiff.  The issue for appeal was whether the sanctions against the plaintiff should be "set off" against the plaintiff's recovery or whether there should be two separate and possibly unequally enforceable judgments.  The court held that there should be a single "net" judgment where the plaintiff receives the awarded amount against the UM carrier minus the sanctions.

The lesson to be learned is that the court system can be a harsh place and has real consequences.  Actions in court should be well considered by the parties and their attorneys.  Clients, in turn, should listen to the advice of counsel regarding the risks of taking certain actions in court.  The lawyers at Moody Law have experience in negotiating the pitfalls of car crash claims.  If you have a situation that you are unsure of what course of action you should take on your auto accident case, please consult an attorney from Moody Law.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

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