AXA V. GELPI & LIU

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AXA V. GELPI & LIU

State: Florida

Court: Florida Third District Court

Docket No: 08-2800

Case Date: 05/06/2009

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2009
Opinion filed May 6, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-2800 Lower Tribunal No. 05-21855 ________________

AXA Equitable Life Insurance Company,
Appellant, vs.

Marco Gelpi and Ming Liu,
Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge. Epstein Becker & Green and Richard D. Tuschman and Kevin E. Vance, for appellant. Damian & Valori and Melanie E. Damian and Mary Claire Espenkotter and Ken Marina, for appellees. Before GERSTEN, C.J., and COPE and SUAREZ, JJ. SUAREZ, J.

AXA Equitable Life Insurance Company ("AXA") appeals a final summary judgment entered in favor of Appellees, Marco Gelpi and Ming Liu, in a breach of contract action brought by AXA in Miami-Dade County. We reverse. We find that, pursuant to the unambiguous terms of the Separation Agreements in question, Appellees released AXA from any and all suits arising out of their employment, which includes suits that could have been brought in foreign jurisdictions. Appellees, therefore, breached the Separation Agreements by filing suit in Brazil. Prior to their employment with AXA, Appellees were employed by MONY Life Insurance Company in Brazil. In 2004, MONY merged with AXA, becoming a wholly owned subsidiary and affiliate of AXA. After the merger, Appellees moved to Miami and continued working for MONY, as an affiliate of AXA. AXA closed the MONY Miami office and terminated the Appellees. AXA, including its affiliate MONY, entered into identical Confidential Separation Agreements and General Releases with each of the Appellees. Pursuant to the terms of the

Agreements, AXA agreed to pay each Appellee eighty thousand dollars in severance pay and twenty thousand dollars in attorney's fees in exchange for a general release concerning Appellees' rights of action against AXA following termination. 1 Under the Separation Agreements, AXA (which was the party being

1

2. a. In consideration of the payment described above, and for other good and valuable consideration, Employee hereby releases and forever discharges, and by this 2

instrument releases and forever discharges, AXA Equitable from all debts, obligations, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, judgments, damages, expenses, claims or demands, in law or in equity, which Employee ever had, now has, or which may arise in the future, regarding any matter arising on or before the date of Employee's execution of this Agreement, including but not limited to all claims (whether known or unknown) regarding Employee's employment with or termination of employment from AXA Equitable, any contract (express or implied), any claim for equitable relief or recovery of punitive, compensatory, or other damages, or monies, attorneys' fees, any tort, and all claims for alleged discrimination based upon age, race, color, sex, sexual orientation, marital status, religion, national origin, handicap, disability, or retaliation, including any claim, asserted or unasserted, which could arise under Title VII of the Civil Rights Act of 1964; the Equal Pay Act of 1983; the Age Discrimination in Employment Act of 1967; the Americans With Disabilities Act of 1990; the Civil Rights Act of 1866, 42 U.S.C.

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