MOTION FOR SUMMARY JUDGMENT GRANTED ON BAD FAITH / RELEASE / SETUP ISSUE
Scarborough Attorneys congratulates Matthew C. Scarborough on another Summary Judgment win!! This trial order will have great impact on the issue of settlements with multiple parties. The Plaintiff was rendered a quadriplegic and Plaintiff’s was also wife injured in this tragic accident. Nine (9) days’ post loss, the insurance carrier tendered its $50,000 total limits to both injured Plaintiffs for exchanges of the release of the two owners and driver. The Plaintiffs were represented at the time and then fired counsel. Another settlement draft was sent with a request with a proposed release. The Plaintiff’s sent back a signed but non-notarized release for the one owner/insured but not the driver.
Another proposed release was sent back to the Plaintiffs. This time the Plaintiff’s released both named insureds/owners, but not the driver. They also put a post it note on the release stating “Do we have to release the driver”. The Plaintiff’s then filed suit claiming no settlement because the insurance carrier did not affirmatively agree with the post it note which created a counter offer.
The trial court rejected this argument, determining the release controlled and the named insureds/owners were entitled to Summary Judgment as a Matter of Law.
We continue to see ingenious tricks and arguments like the above. Should you need any assistance on getting cases resolved to prevent bad faith/personal exposure for our insureds, please do not hesitate to contact our office.