QuestionHi Jane,
In 1989, my mother, brother and I were all in an accident with a Lumber Truck. As a result of this accident, it render my mother disabled, my brother had a broken ankle and I was cut up in the face by glass. The case lasted for a few years and eventually went to trial. Subsequent to this, the jury came back with a no. Shortly after the trial, my mothers attorney came to her with a document to release all future claims and advised her that it was best if she signed the form. She never paid court cost, and after experiencing a long five years of frustration, she didn't question her attorney and signed the form. I would also like to add, the attorney did not appeal or explain to her why she was signing the form. At the time of the accident, I was only 2 years old, but I am a current law student and thought it would be interesting to review the court docket from the case for the first time. After noticing there was a judgement and no appeal, I was quickly alarmed. I couldn't understand why she would be advised to sign a Release of all future claims if there was a no in open court and she received no money. It is to my understanding that this form is only presented when the insurance company is making a settlement offer. Considering my mother received nothing, this brings me to my question. Is it common for insurance companies to have request a signature on these forms without a settlement offer and do insurance companies ever make settlement offers after a judgment has been made by the courts in favor of the insurer?
Thanks,
Mr. S
Answer Dear Mr. S,
Unfortunately you are asking me a legal question, not an insurance question. Yes, there was an insurance company involved, but all of this was done in the course of litigation. If you have not already done so, or if possible, why not contact the original attorney or his firm?
As a general rule, and speaking only as an insurance professional, I have never seen an instance like this. You are correct, insurance companies require releases for settlement purposes. To do otherwise, in my experience would be uncommon if not unheard of. Make a settlement after a zero judgment? Never have I heard of that.
Again, however, I do not have any details, nor am I an attorney. Perhaps the docket would give you further clues. And perhaps you would be well advised to speak to an attorney to clarify.
I wish you well.
Jane Pytel
http://InsuranceExpertAdvice.com
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