GABRIEL DE LAS SALAS
v.
CITIZENS PROPERTY INSURANCE CORPORATION

Fla. 1st DCA | 2025-11-19
No. 2024-0885
Marsh, J., Osterhaus, C.J., Kelsey, J., M.K. Thomas, J.
2025 FL 10856 Florida District Court of Appeal, First District (2025)

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Holding

A broadly framed settlement and release agreement between an insured and insurer supersedes claims arising under the underlying insurance policy.


Headnotes

[1] A broadly framed settlement and release agreement executed by an insured and insurer supersedes claims arising under the underlying insurance policy.

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Facts & Procedural History

Gabriel De Las Salas brought a claim against Citizens Property Insurance Corporation for settlement payment interest under an insurance policy. The pa…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2024-0885 _____________________________

GABRIEL DE LAS SALAS,

Appellant,

v.

CITIZENS PROPERTY INSURANCE

CORPORATION,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. James Lee Marsh, Judge.

November 19, 2025

PER CURIAM.

AFFIRMED. See Kaiser v. Citizens Property Insurance Corporation, 1D24-0884 (Fla. 1st DCA 2025) (companion case where judgment affirmed for Citizens against appellant’s settlement payment-interest claim brought under an insurance policy that was superseded by the parties’ execution of a broadly framed settlement and release agreement).

OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur.

2 _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Adam Abraham Schwartzbaum of Edelsberg Law, Miami; Andrew John Shamis of Shamis & Gentile, P.A., Miami; Scott Adam Edelsberg of Edelsberg Law, Aventura; Edwin Eliu Elliott of Shamis & Gentile, P.A., Miami; and Michael Alan Cassel of Cassel & Cassel, P.A., Hollywood, for Appellant.

Russell Scott Kent of Citizens Property Insurance Corporation, Tallahassee; Jason Brent Gonzalez of Lawson Huck Gonzalez, PLLC, Tallahassee; Raymond Lee Cordova of Lawson Huck Gonzalez, PLLC, Tallahassee; and Mathew Daniel Gutierrez of Lawson Huck Gonzalez, PLLC, Coral Gables, for Appellee.


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