Tuesday, April 30, 2013

JACQUELINE PENNYWELL, as natural parent and guardian of, ASHLEY PENNYWELL, a minor, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.


10 Fla. L. Weekly Supp. 1019c
Insurance -- Action against insurer by plaintiff, as natural parent and guardian of minor, is barred by clear language of release
JACQUELINE PENNYWELL, as natural parent and guardian of, ASHLEY PENNYWELL, a minor, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 02 9932 CO 41. September 5, 2003. Myra Scott McNary, Judge. Counsel: Chandra L. Miller, Thompson Goodis Thompson Groseclose & Richardson, P.A., St. Petersburg. Harvey Hesse, III.

ORDER ON DEFENDANT'S MOTION

FOR FINAL SUMMARY JUDGMENT
This cause having come on before the Court on Friday, August 22, 2003 on the Defendant's Motion for Final Summary Judgment and the Court, having reviewed the Motion, the supporting case law, the Court file, and having heard argument of counsel for both parties, it is in the same and hereby be
ORDERED and ADJUDGED as follows:
1. The Release filed with this Court on August 21, 2003 was signed by Ashley Pennywell on or about December 19, 2002.
2. The Release states that Progressive Express Insurance Company is discharged from “any and all claims, actions, causes of actions, demands, rights, damages, costs, property damage, loss of wages, expenses, attorney's fees and interest, direct or derivative, known or unknown, on account of or in any way arising out of the ownership or operation of an uninsured/underinsured automobile by Erma Haskedakes.”
3. The language in the Release is the best evidence of the intent of the parties. The record reflects that the breadth of the release is clear and unambiguous. The court finds that the Release entered into between ASHLEY PENNYWELL and Defendant covers and includes the claims in the lawsuit before this Court and styled JACQUELINE PENNYWELL, as natural parent and guardian of, ASHLEY PENNYWELL, a minor, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, bearing Case No. 02 9932CO41.
4. Plaintiff is barred from pursuing any claim against PROGRESSIVE, because of ASHLEY PENNYWELL'S execution of this release.
5. There is no genuine issue as to any material fact.
6. As such, PROGRESSIVE EXPRESS INSURANCE COMPANY is entitled to judgment as a matter of law.
7. The Defendant's Motion for Final Summary Judgment GRANTED.
IT IS ADJUDGED that the Plaintiff, JACQUELINE PENNYWELL, as natural parent and guardian of ASHLEY PENNYWELL, a minor, take nothing by this action and that Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, go hence without day.
This Honorable Court retains jurisdiction to determine entitlement to and amount of fees and costs to be assessed against Plaintiff.

* * *
Abraham Ovadia, Esq.
Florida PIP Law Firm, PA
855-NEED-ABE

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