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Class action requires a plaintiff with a claim



The owners' lawyers, especially when dealing with insurance companies, really like class action because they can make a lot of money, even if the class members get a pittance. In order to deal with complaints, the representative must have a case.

I Patricia Mischek, individually and on behalf of all persons who are similar to Skuya Christensen, individually and on behalf of all persons who are likewise v. State Farm Mutual Automobile Insurance Company, a foreign company, Nr. 18-1156, the United States Appeal Court for the 10th Loop (May 23, 2019) supposed classmates argued that the state estate unauthorizedly lowered their insurance policies' uninsured / underinsured motorist benefits by the amounts it paid for healthcare coverage.

Statens gård found no reason to handle the substance's claim because they had settled with the two supposed plaintiffs and sought summary judgment. State Farm's movement was founded on the grounds that the plaintiff had previously "settled and / or reached an agreement and satisfaction" on their disputed claims against State Farm. The Court consequently approved and granted a summary judgment in favor of the State Farm.

The applicants raise two main arguments in the appeal:

  1. they have not properly settled their claims with State Farm because they never signed a written issue and
  2. ] although they reached an agreement with State Farm, this agreement is not enforceable on the basis of public order and retrospective application of the Supreme Court's decision in C alderon to American Family Mutual Insurance Co. 383 P. 3 676 (Colo 201
    6).

Applicants' other arguments are foreclosed in a previous opinion where the tenth cycle rejected an almost identical argument that other Colorado insurance policies followed after the Calderon decision.

Concerning the plaintiff's first argument, the Tenth Circuit agreed with the court that the facts in this case, even in the light which is most favorable to the plaintiffs, show that the plaintiff's allegations are excluded by the doctrine of agreement and satisfaction.

ANALYSIS

Contrary to the plaintiff's beliefs, it is indispensable that they did not sign a written edition. Colorado law does not require a written release to settle claims. Rather, "constituting an agreement and satisfaction, money should be offered in full satisfaction of demand and accompanied by such acts and declarations as a condition that the money, if accepted, is accepted in satisfaction" and "so that the party to which it is offered is bound to understand from the fact that, if he does, he takes it under such conditions. " Pitts v. Nat & l 39; Indep. Fisheries Co. 206 P. 571, 571 (Colo 1922). In R.A. Reither Construction, Inc. of Wheatland Rural Electric Asset, 680 P.2d 1342, 1344 (Colo. App. 1984), found a Colorado court that these claims would be met where the plaintiff simply deposited two checks as " [and] was followed by a letter from [the defendant] stating that the controls were offered in full resolution of the dispute. "

The undisputed facts in the present case established that each The plaintiff accepted a payment in full by her disputed insurance claim against State Farm. For example, the record reflects Ms. Mischek's attorney participates in conciliation negotiations with State Farm which resulted in Ms Mischek receiving a "$ 70,531.89 payment for [her] underinsured motorist claim," which State Farm "confirms [ed] … determines all claims under the insurance cover The insurance stub. "The control stub for this payment should be the note" Complete and final UIM settlement ". Ms. Mischek did not contest the amount of the payment or returned the check if the settlement check was accepted and deposited, which is sufficient in Colorado's law to perform the underlying obligation.

Ms. Christensen also accepted a $ 16,000 payment made by State Farm based on the parties' "agreement [ment] to settle [her] taught motorist claims for $ 16,000, including all pensions". The applicants have not cited any convincing reason why their approval of State Farm's residence controls would not comply with the elements of the doctrine of conformity and satisfaction of Colorado law.

As the court correctly explained "[b] because of both Ms. Mischek and Christensen accepted payment from State Farm to settle their UIM claims, the doctrine of agreement and satisfaction prevents them from seeking additional UIM benefits that they claim were illegally detained. "

If the lawyers who negotiated the settlements are the same people who filed the documents, they would be ashamed to waste the time for the district court and the tenth circuit. If various lawyers who had access to facts about the settlement, he or she would also be ashamed.


© 2019 – Barry Zalma

This article and all the blog posts on this site melt and summarize cases published by the courts of the various states and the United States. The court decisions have been modified from the actual language of the court decisions, condensed to facilitate reading and convey the author's views in each individual case.

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance management, bad faith assurance, and insurance fraud nearly equal for insurers and policyholders. He also serves as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance cover and law firm and more than 50 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual liability magazine / ACE Legend Award.

Over the past 51 years, Barry Zalma has put his life on insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims to become insurance managers.

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