Study Aids
Case Briefs Overview
Casebooks
Case Briefs
D

Dale v. Schaub and State Farm Automobile Insurance Co.

301 So. 3d 1000 (2020)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Dale v. Schaub and State Farm Automobile Insurance Co.

Florida District Court of Appeal
301 So. 3d 1000 (2020)

KL

Facts

Kyle Dale (plaintiff) was injured in a motor-vehicle collision involving Viktoria Schaub (defendant). Dale sued Schaub to recover for his injuries and also sued his own uninsured-motorist carrier for the $10,000 insurance limit. Schaub had insurance with a $100,000 limit. Dale’s attorney directed his paralegal to send settlement offers to each insurance company for the policy limits. Due to a miscommunication, the paralegal sent a settlement offer to Schaub’s insurance carrier for $10,000 instead of $100,000. Schaub immediately accepted the offer and issued a check for $10,000. When the attorney received the check and noticed the error, he filed a motion to withdraw the settlement offer, asserting that the offer was intended to be for $100,000 and that the attorney did not have authority from Dale to settle for $10,000. The trial court denied the motion and denied reconsideration. Dale appealed, arguing that the offer should be set aside due to the mistake and that Dale’s attorney did not have authority to settle the claim for $10,000.

Rule of Law

Issue

Holding and Reasoning (Warner, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms