Richards v. Kees

Summary

The West Virginia Supreme Court of Appeals reviewed summary judgment in favor of an automobile insurer and insured based on accord and satisfaction. The court held that cashing a $200 check did not establish accord and satisfaction because the evidence did not show that the claimant knowingly accepted the check as full settlement of bodily injury claims, and it reversed the circuit court.

Holdings

1. Cashing the check did not constitute an accord and satisfaction because the evidence did not establish that Richards accepted the payment with knowledge that Allstate offered it only on the condition that it be accepted in full satisfaction of the disputed bodily injury claim.
2. The circuit court erred in granting summary judgment to the appellees on the accord-and-satisfaction defense.

Questions Presented

1. Whether the cashing of Allstate's $200 check constituted an accord and satisfaction of Richards's bodily injury claim.
2. Whether summary judgment was proper when the evidence did not establish that Richards knowingly accepted the check on the condition that it constituted full satisfaction of the disputed bodily injury claim.

Disposition

reversed