...seeking to recover damages, and on December 16, 1987, the Horberts' insurer informed the claimant's counsel that it would tender its full policy limit of $100,000 in full settlement of ...almost three-year delay in asserting the claim for coverage, the claimant's notice was untimely as a matter of law, and the failure vitiates coverage... In the Matter of MERCHANTS MUTUAL INSURANCE COMPANY, Appellant, v. CHARLES HURBAN, Respondent. Appellate Division of the Supreme Court of New...

.... For this amount appellant counterclaimed. On April 19, 1956, after the pleadings had been filed but before trial of the case, counsel for appellant sent the following letter to the co...Control, Inc., and the claim of Alva J.P. Barrett by way of counterclaim against the plaintiff." On the face of the enclosed check was a margi...contended that appellant was still indebted to it in the amount of $250. Appellant denied consenting to the acceptance of the check as partial payment, and insisted that by endorsing the check and...

..., the plaintiff was injured in the course of her employment as a result of which she submitted a workers' compensation claim. A full settlement of the claim was...first impression, to-wit: Whether an employee-at-will who is discharged because he or she files a claim for workers' compensation has a cause of action for retaliatory discharge against the employer...' Compensation Law imposed as an implied term or condition of employment the requirement that the plaintiff not submit a workers' compensation claim for disability. On April 25, 1980...

...agreement of adjustment. After conclusion of the trial and the rendering of a decision by the Court of Claims on January 9, 1967 granting an award to claimant of $4,000, ... REYNOLDS, J. Appeal by the State from an order of the Court of Claims denying its motion to vacate ...the claim, the motion if made pursuant to CPLR 5015 was premature. Therefore, the instant order must be affirmed, without prejudice to the bringing of a motion pursuant to CPLR 5015 following entr...

...19, 1974, TWA notified the plaintiffs/appellants that $50 was the extent of its carrier liability, the accompanying check stating that that amount was "in full settlement" of the...concluded that TWA's letter of April 19, 1974, constituted notice that the claim was disallowed. Because this lawsuit was not filed until August 17..., 1976, more than two years after the written notice of disallowance, the court held the claim time-barred. Summary judgment was entered in fa...

...must have been made in full settlement of the claim; and the tender of the settlement as full payment must have been accepted by the creditor. * * *" ...bore no indication that it was payment in full, and there was no mutual understanding that the check was accepted in full settlement of insured's claim. In Peter A. Chopin, In...; that plaintiff accepted and cashed said check without protest, and this acceptance constituted full payment of the account. By supplemental and amended answer d...

...whether defendant's check for $1,600, which was deposited by plaintiff in its bank account, was tendered and accepted in full settlement of the claim. In addition to that check the only evidence..., three elements must be present: (1) a dispute as to the amount owed; (2) a tender by the debtor in full settlement of the claim; and (3) acceptance of the tender as ...tendered in full settlement of the entire debt. Under these circumstances, we agree with the trial court's conclusion that the defendant has failed to prove at least the third element nec...

...defendants' check the plaintiff assented to the defendants' proposition that the money so received should be deemed to be in full settlement of the claim is a question ...disability. Upon the face of the check was a printed statement that the same was "in full and final settlement for all claims originating prior to the date hereof," and upon the ...indorsement" acknowledging the full satisfaction of all claims. The plaintiff collected the check and two days later requested further payment. The court found that the plaintiff was tota...

...defendant. Prior to trial, the parties reached an agreement whereby the defendant was to pay to the plaintiff $1000 in full settlement of the claim. When, some two years later, ...concluding that the action should have been withdrawn by the parties because of the settlement agreement, rendered judgment of dismissal from which the plaintiff appealed to this court. H...amount of $4362.32. The action was returned to the trial court on October 7, 1980. Sometime prior to July, 1981, the parties reached an agreement of settlement, whereby the defendant was ...

...determined by looking at the specific language of the release and circumstances surrounding its execution." Id., 42. The defendant has submitted copies of two checks. On the b...Management Agency, avers in his affidavit that the parties intended that the two checks would constitute a full and final settlement of all claims. The plaintiff's affidavit states, however, that ... FREEDMAN, J. "The scope of a release agreement and whether it operated to release a certain person from liability...

...appellant would pay the premiums with 6 per cent. interest back to appellee if he would accept same in full settlement of the claim. They thereupon went to see appellee, and Mundell stated to him ...occasions, and Holbrook, by and with the consent of appellee, sought the advice of the bank's attorneys. The attorneys advised that appellee could not recover, whereupon appellee requested Holbroo...alleged settlement and release of the claim. Appellee filed an answer denying that he compromised and settled the claim, in which it was stated that, if he executed a release, ...

...disputed claim; (2) a tender made by the debtor in full settlement of the claim; and (3) an acceptance of the tender by the creditor; when the first tw... settlement of the claim and such intention was known to plaintiff. Plaintiff was without authority to change the condition of .... SAMUEL, Judge. This is a suit for the sum of $566.67 (being a claim of $700 less a credi...

...in writing with the H.O.L.C. to accept H.O.L.C. bonds in the amount of $5,850 in full settlement of its claim against the property. This agreement is entitled "Mortgagees Consent...spirit of the statute and regulations. This is demonstrated not only by the terms of the statute and the regulations, but also by the language of the agreement above quo...satisfactory adjustment of the deficiency." This case falls within the rule of the two cases last above referred to. [2] Several of the courts to which ...

...fee basis. Respondent received $1,000 initially in partial settlement of the client's claim and disbursed these funds as the client requested. Thereafter, respondent arranged a full ...claim for $14,750. The client endorsed the settlement check and respondent deposited the check in his trust account, informing the client that it would take fourteen business days for the...his client for his own purposes in meeting his expenses. After a grievance was filed regarding his misuse of the client's funds, respondent purchased a bank check payable to the client in the full...

...is hereby tendered to plaintiff in full settlement of the claim or pretended claim herein sued upon." In the prayer for relief defendant prayed that plaintiff have and recover .... The claim is unsound. Defendant in his answer tendered only the sum of $61. The court ordered judgment for that amount with about one year's interest and costs and disbursements incurred. Neither 2.... Defendant appealed from an order of the municipal court of Minneapolis, Hennepin county, Clyde R. White, Judge, allowing taxation of costs against him and denying his...

...and their unilateral execution of a "Property Claim Agreement", when the amount paid was less than the policy limits of the dwelling coverage and there was no mutual agreement in writing that ...or on the Property Claim Agreement indicating a mutual intent of the parties to put an end to the litigation. One might reasonably infer that the payment was made by defendant and accepted by plai...." Plaintiff signed both sections of the document, but defendant did not sign the document at all. Neither the document nor the check contained any words indicating a ...

...payment, clearly purporting to be in full settlement of the claim, and the other knowingly accepts it upon such condition, this will amount to a full and complete discharge of ...exists between two parties as to the amount of an account, and one sends another a check or makes a payment clearly purporting to be in full settlement of the claim, and the othe...the plaintiff testified as follows: "I did not accept this check in full settlement of the accounts due me. The statement shown me is the one I received along with the check. (St...

...sum $25 was paid at or about the time of the retainer, and it was agreed that the balance was to be paid after the claim had been colle...., retained the respondent to collect a claim of approximately $650 from Messrs. Horowitz Leff of New York city. The respondent agreed to accept the sum of $50 for his services in ... In the Matter of S. ISRAEL BLAKESBERG, an Attorney, Respondent. Appellate Division of the Supreme Court of New York, First Department...

...three inventories, successively revised downward, were prepared, apparently because of the adjuster's belief that Statesman would pay only for those items which showed visible damage. About two or three weeks after the fire..., negotiations continued and sometime in early December, 1972, Statesman (through Kachel) offered the sum of $7,400 in full settlement of the claim....Birk told him that all damaged merchandise would have to be sold before there could be a settlement of the claim. Reibly stated that it took about one year to dispose of his inventory and that he...