UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC. Case No.: 1:22-cv-23681-RNS 

Plaintiff, 

vs. 

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and 

EVEREST INDEMNITY INSURANCE 

COMPANY, 

Defendants. 

________________________________/ 

DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY’S 

PROPOSAL FOR SETTLEMENT TO PLAINTIFF PURSUANT TO FLA. STAT. § 

768.79 AND FLA. R. CIV. P. 1.442 

Defendant, WESTCHESTER SURPLUS LINES INSURANCE COMPANY 

(“WESTCHESTER”), by and through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.442 

and Fla. Stat. § 768.79, serves its proposal for settlement to Plaintiff, OCEANIA III 

CONDOMINIUM ASSOCIATION, INC. (“OCEANIA”), and states as follows: 

1. This Proposal for Settlement is made by WESTCHESTER to OCEANIA pursuant 

to Fla. R. Civ. P. 1.442 and Fla. Stat. §768.79. 

2. This Proposal is not to be construed as an admission of coverage and/or that 

WESTCHESTER is liable in this action for the damages claimed by Plaintiff, OCEANIA. 

3. WESTCHESTER will pay Five Hundred Dollars and Zero Cents ($500.00) in 

full and complete settlement of OCEANIA’S claims as alleged in the operative Complaint in this 

matter against WESTCHESTER in exchange for OCEANIA filing the appropriate papers to 

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Case 1:22-cv-23681-RNS Document 35-1 Entered on FLSD Docket 04/14/2023 Page 1 of 3
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effectuate dismissal of the lawsuit with prejudice against WESTCHESTER. The check would be 

made payable to “Oceania III Condominium Association, Inc. and the Morgan Law Group, 

P.A.” 

4. The offer of Five Hundred Dollars and Zero Cents ($500.00) shall be in full and 

complete settlement of the claims arising out of the facts, damages, and claims alleged in the 

operative Complaint against WESTCHESTER. Attorney’s fees are a portion of the legal claim 

found in the operative Complaint against WESTCHESTER. This proposal resolves all damages 

that would otherwise be awarded in final judgment against WESTCHESTER. This offer is 

inclusive of interest, attorneys’ fees, paralegal fees, and litigation costs against WESTCHESTER 

as they are pled. This offer is exclusive of punitive damages as none are pled. 

5. OCEANIA shall have thirty (30) days from the date of service to accept this 

Proposal of Settlement, as provided for by Fla. Stat. § 768.79 and Fla. R. Civ. P. 1.442. Otherwise, 

this Proposal for Settlement will be deemed rejected and could subject OCEANIA to an award of 

attorneys’ fees and costs in accordance with Fla. Stat. §768.79 and Fla. R. Civ. P. 1.442. 

BUTLER WEIHMULLER KATZ CRAIG LLP 

CHRISTOPHER M. RAMEY, ESQ. 

Florida Bar No.: 0044808 

cramey@butler.legal 

JUSTIN W. SBLANO, ESQ. 

Florida Bar No.: 1008138 

jsblano@butler.legal 

Secondary hkerr@butler.legal 

ebarker@butler.legal 

400 N. Ashley Drive, Suite 2300 

Tampa, Florida 33602 

Telephone: (813) 281-1900 

Facsimile: (813) 281-0900 

Attorneys for Defendant, WESTCHESTER SURPLUS 

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LINES INSURANCE COMPANY 

CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to: 

Jesmany Jomarron, Esq. 

William McCaughan, Jr., Esq. 

The Morgan Law Group 

55 Merrick Way, Suite 404 

Coral Gables, Florida 33134 

Attorneys for Plaintiff 

by E-Mail on January 13, 2023. 

CHRISTOPHER M. RAMEY, ESQ. 

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