Question
Andrea was seriously injured when her motorcycle was struck by a vehicle driven by Boris. Andrea's attorney wrote to Statewide Claims Services, the administrator for
Andrea was seriously injured when her motorcycle was struck by a vehicle driven by Boris. Andrea's attorney wrote to Statewide Claims Services, the administrator for Boris's insurer, asking for "all the insurance money that Boris had under his insurance policy." In exchange, the letter indicated that Andrea would sign a "limited release" on Boris's liability, provided that it did not include any language requiring her to reimburse Boris or his insurance company for any of their incurred costs. Statewide demanded that Andrea "place money in an escrow account in regards to any and all liens pending." Andrea refused the demand, claiming that Statewide's response was a counteroffer rather than an unequivocal acceptance of the settlement offer.
Did Statewide and Andrea have an enforceable agreement? Discuss.
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