Plaintiff’s and Defendant’s cars crashed. Plaintiff hired an attorney, who negotiated with Defendant’s insurance adjuster. Plaintiff’s attorney claimed he and the adjuster reached an oral settlement, but the insurance company refused to honor it and filed for summary judgment,raising the Statute of Frauds’ suretyship provision as a defense: a promise by one person (the insurance company here) to pay the debts of another (the insured) must be evidenced by some writing, and there was no writing. Is the defense good? Explain.
Before getting into the point, the few facts are need to be known
Insurance adjuster - The job or responsibilities of an insurance adjuster is to facilitate the insured person to what extreme he can claim from the insurance company for the damaged goods or loss incurred.
According to Statute of Frauds: whatever the contract or promises, it should be legally written and signed by the parties. Because the written agreement is more reliable than the oral agreement, where oral agreement leads to any kind of contradiction in the future. In order to avoid the duplicate claims or fraudulent in future, the contract is properly stated and signed as proof of evidence. Here the contract can be for any cases like transfer of goods and its rights, ownership transfer, building contract, employment contract, loss of goods, repayment in case of damage etc.
So it is a good defense to asking for some evidence by writing.
Whenever the claim arises with the insurance company, it is their responsibilities to pay for the loss of good which is insured. On the other hand, it is also their responsibilities to ensure that claims are legal under the law. In order to provide the claim transaction, they would ask for fair proof of the damage as an evidence in written statement.
So whatever the oral agreement between Plaintiff’s attorney and Defendant’s insurance adjuster will not stand in front of the insurance company without the written statement. Here the insurance company can pay only for the loss / damage of the car which is insured after proper investigation and evidence issued. Not for the oral agreement settled between the two parties.
Plaintiff’s and Defendant’s cars crashed. Plaintiff hired an attorney, who negotiated with Defendant’s insurance adjuster. Plaintiff’s...
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