Legal Topics

Insurance — Personal Injury Protection — Affirmative Defenses — Accord And Satisfaction — Common Law

Dec 21st, 2019 in News by admin

Insurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Common law

accord and satisfaction was not effectuated where insurer believed it was paying full amount of its obligation when it tendered checks, and there was no mutual intent to effect settlement of preexisting dispute — Statutory accord and satisfaction was not effectuated where tender of amount calculated pursuant to statutory fee schedule that was not elected in PIP policy demonstrates absence of good faith tender; claim reimbursed under fee schedule is liquidated claim; there was no bona fide dispute at time of payment of claim; and “full and final” text in payee section of checks in same or lesser size as surrounding text and not in contrasting type, font or color is not conspicuous