Question
Elizabeth Wall suffered injuries when a truck struck the vehicle in which she was riding. Liberty Insurance Co. was the insurer involved and provided personal
Elizabeth Wall suffered injuries when a truck struck the vehicle in which she was riding. Liberty Insurance Co. was the insurer involved and provided personal injury coverage. Elizabeth went to see Dr. Shadrick, a chiropractor who provided treatments 32 times over a 3-month period. Dr. Shadrick billed Liberty Insurance in three separate billings. After paying the first two billings in full, Liberty Insurance expressed concern about whether Dr. Shadrick's charges were excessive. Liberty hired Chiropractic Consultants, Inc. to evaluate Dr. Shadrick's billings. The consultants advised that Dr. Shadrick's billings were indeed excessive. Liberty then telephoned Dr. Shadrick and offered a partial payment to settle the account. After this conversation, Liberty Insurance issued and sent a check for $864 payable to Dr. Shadrick. On the face of the check, Liberty Insurance noted the total amount allocated to each claim and typed "settlement in full." On the reverse side it said, "The endorsement of this draft by the payee constitutes a clear release and full settlement of the claim or account shown on the other side." Upon receipt of the check, Dr. Shadrick cashed the check. He then sought payment of an additional $895. Liberty Insurance claims there was an accord and satisfaction with respect to the amount due for services rendered by Dr. Shadrick. What are the requirements of an accord and satisfaction? Were those requirements met in this case
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