Question
1.While riding her motorcycle Amy Kemper was struck by a vehicle driven by Brown. She suffered serious injuries and Brown was charged with DUI. Kemper
1.While riding her motorcycle Amy Kemper was struck by a vehicle driven by Brown. She suffered serious injuries and Brown was charged with DUI. Kemper sent a demand letter to Brown's insurance claim's administrator Statewide, which stated in part:
Please send all the insurance money that Mr. Brown had under his insurance policy. In exchange, I will agree to sign a limited release. The release must not have any language saying that I will have to pay Mr. Brown or his insurance company any of their incurred costs.
...If you fail to meet my demand, I will be forced to hire an attorney and sue Mr. Brown and your company. Please do not contact me, or my friends[,] as this demand is very simple.
Statewide sent a letter to Kemper agreeing to settle her claims for the limits of Brown's liability insurance. Attached to the letter was a $25,000 check and a two-page limited liability release form. The letter stated in part,
[i]n concluding the settlement, we are entrusting that you place money in an escrow account in regards to any and all liens pending, This demand is being asserted to protect the lien's interest[.]
Ms. Kemper rejected Statewide's "counteroffer" and filed suit. Brown filed a motion to enforce the "settlement agreement." [Kemper v. Brown, 754 S.E.2d 141 (Ga. App.)]
Decide whether Ms. Kemper was right for rejecting Statewide's "counteroffer". Should Brown have filed a motion to enforce the "settlement agreement"?
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