Insurance — Uninsured/underinsured motorist — Damages — Set-off — Settlement agreements — Trial court erred by denying insurers’ motion to set off from jury verdict the amount of money which the insured received from settlement agreements with two other carriers — With regard to settlement with underinsured motorist’s liability carrier, trial court erred in finding that settlement was intended to solely satisfy insured’s wife’s consortium claim — Settlement release clearly and unambiguously stated that it was only for the insured’s benefit, did not mention insured’s wife, and release’s inclusion of parental and filial consortium claims was not related to any unpled spousal consortium claim as a matter of law — Even if insured and his wife had privately agreed to unilaterally apportion settlement among themselves, the trial court was bound to ignore such private unilateral apportionment when settlement release failed to expressly apportion the proceeds between them — Likewise, settlement agreement with insured’s third UM carrier unambiguously states that it was only for the insured’s benefit — Argument that no Florida statute expressly authorizes one UM carrier to obtain a set-off for duplicate benefits paid by another UM carrier lacks merit — Pursuant to section 627.727, benefits provided under a UM policy cannot duplicate benefits already paid to an insured under another UM policy — Because insured has not disputed that settlement with third UM carrier duplicated jury-determined UM benefits against other insurers, settlement amount must be set off from jury verdict
45 Fla. L. Weekly D1508b
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