Conrad v. Hebert

2010 WL 2431461 (2010)

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Nature of the Case

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Facts

D was driving his parents' car when he collided with the car driven by Ps. D's car was insured by Farmer's Insurance Group (Farmers). Ps each sent a letter to April Bossley, Farmers' adjuster, offering to settle their claims. Ps wanted payment of the policy limits. The payment was to be made on or before 5:00 p.m., July 5, 2006. In exchange for payment of policy limits, Ps offered to execute a full and complete release in favor of D for all claims arising out of the collision. Ps stated that if payment was not made on or before that date and time, the offer would expire and no further offer would be forthcoming. . . . Bossley responded that she is extending an offer of $25,000.00, which is the policy limit, to settle each bodily injury claim in exchange for a full and final release. Bossley asked that the enclosed release form be signed and sent to her and upon receipt, a settlement check would be issued. Ps did not sign the releases, did not respond to Bossley's letter, and did not return her calls to discuss her letters. Neither Farmers nor D paid Ps anything by the July 5, 2006 deadline. The deadline Ps sued D. D sought enforcement of the alleged settlement agreement. Both parties moved for summary judgment. The court granted Ps’ motion and D appealed.