...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 ..., 1985, the claimant, a minor, while driving a motorcycle, was struck and injured by an automobile driven by Deborah Horbert and owned by Paul Horbert. On August 2, 1985, the claimant commenced an action...thereafter, the claimant informed the petitioner that he was asserting a claim for underinsurance coverage pursuant to his father's policy. The petitioner argues that the notice was untimely...

..., 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...' 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...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...

.... 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...

...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, the Stat...the claim. The agreement was dated December 6, 1963... EDWARD M. HILL, Individually and as Executor of MARTIN HILL, Deceased, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 44494.) Appellate...

...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 ...provided conformed with that agreed upon. In this court, as she did in the trial court, appellant defends on the ground of accord and satisfaction. Thus, the sole issue before us is...

...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.... Ranger Insurance Company (Ranger), which reimbursed the Cammacks for their loss and thereafter became subrogated to their rights, was added as a party plaintiff. By letter of April...written notice is given to the claimant that the carrier has disallowed the claim in whole or in part." Official Air Freight Rules Tariff No. 1-B, Rule No. 62(a). The district court...

...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...company's adjuster had represented that the company was not liable on a benefit certificate and offered a small settlement, but plaintiff did not accept it until he had made a full independent...

...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. Held that ...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 ...

...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 of fact, n...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 back was a "receipt and.... PARSONS, C. J. No question of law is presented. Whether in accepting and collecting the...

...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...Co. v. Farnsworth Co. [La. App., 171 So. 622], supra, to the effect that: a disputed claim must exist between the creditor and debtor; a tender...

...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 the tender. Under the...the proceeds and then instituted this suit. In order to maintain a plea of estoppel based on the doctrine of accord and satisfaction there must be present: (1) an unliquidated or a...

...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 ...of the check does not contain any language establishing the scope of the release or the intentions of the parties. Robert Rydell, Senior Claims Representative of Connecticut Interlocal Risk...

...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 the debt...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 other knowing...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. (Statement was offered in...

...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 the problem here involved has been presente...

.... 1. Compromise and Settlement 1 — Settlement of business disputes is favored by ...received under such circumstances as clearly import that it is intended to be, and is tendered, in full settlement of the disputed items, the acceptance and cashing of the check and ...account, and one sends the other a check, or makes a payment, clearly purporting to be in full settlement of the claim, and the other knowingly accepts it upon such condition, this will a...

...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 .... The factual basis for relator's complaint arose from respondent's handling of one client's case. Respondent undertook to represent the client in a personal injury matter on a contingent...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 check to clear...

...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.... The principal issue in this case is whether plaintiffs' acceptance of a payment from their homeowner's insurer of an amount admittedly due by the insurer for fire damage to their residence...

...elements for the application of the doctrine of accord and satisfaction; namely, an unliquidated or disputed claim, a tender made by the debtor in full settlement of ...a claim for a specific consideration. As in the case of any contract there must be an offer, an...accepted as full settlement of all wage-related claims or not at all. Plaintiff's cashing the check does not establish a clear intention on her part to accept defendant's offer to compromise their...

...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 sum of $61 and n...costs against plaintiff. Plaintiff sued to recover $131.23, interest, costs, and disbursements. Defendant's answer admitted an indebtedness in the sum of $61 and no more, "which sum.... HILTON, Justice. Defendant appeals from an order taxing costs again...