Progressive Cas. Ins. Co. v. Evans

The plaintiff and her insurer reached an accord and satisfaction regarding the insurance proceeds the plaintiff would receive for the total loss of her car when the plaintiff cashed a check containing full-and-final payment language..

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Diane Evans was involved in an automobile accident that resulted in a total loss of her car. Evans eventually settled a claim for the loss with her insurance carrier, but the amount she recovered did not include compensation for certain fees purportedly required by regulation. Alleging a systemic failure to pay the fees, Evans brought this class action suit against her carrier and a related company on behalf of all other persons similarly situated. Both companies moved for summary judgment on certain grounds, including that her claim is barred by accord and satisfaction. The trial court denied the motion, and this Court granted the defendants’ application for interlocutory review. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

The parties agree that the trial court’s order correctly states the facts. That order and other undisputed facts show that at the time of the accident, Evans was insured by Progressive Max Insurance Company “Max”, but claim adjustment and other services were provided by Progressive Casualty Insurance Company “Casualty”. Evans had no contractual relationship with Casualty1 , and although Casualty and Max had an “inter-company agreement” for claims administration, that agreement is not in the record.

Progressive Cas. Ins. Co. v. Evans

The plaintiff and her insurer reached an accord and satisfaction regarding the insurance proceeds the plaintiff would receive for the total loss of her car when the plaintiff cashed a check containing full-and-final payment language..

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