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Torres v. Elkin

The defendant's statement that the plaintiff would satisfy certain liens was sufficiently insistent that it created a condition on the defendant's acceptance of a settlement offer.

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In this personal-injury action arising from a motor-vehicle accident, Jason Torres appeals the trial court’s order granting Cassandra Lee Elkin’s motion to enforce settlement and denying his motion for partial summary judgment. Torres argues that Elkin’s insurance company’s purported acceptance was neither identical to the terms of his offer nor unconditional and unequivocal. For the reasons discussed infra, we conclude that the parties failed to enter into an enforceable settlement agreement and thus reverse the trial court’s order.

The record in this case shows that on March 27, 2008, Torres and Elkin were involved in a motor-vehicle accident, which resulted in Torres suffering injuries so severe that he incurred over $500,000 in medical expenses. Elkin’s vehicle was covered by an insurance policy issued by Infinity Standard Insurance Company “Infinity”. After the accident, Infinity offered to settle Torres’s bodily-injury claims for $25,000 in exchange for Torres executing an enclosed release and agreeing to satisfy any medical liens. Torres’s attorney rejected the offer and returned the check for $25,000, indicating that his client had not yet made a decision about whether to settle the case. Subsequently, Infinity resent a check for $25,000 and proposed a new settlement agreement, according to which Infinity would settle Torres’s claims in exchange for Torres’s execution of a limited-liability release.

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