QUESTION TWO Explain why insurance companies usually do not offer earthquake insurance (10 Marks) Jane Wambui was seriously injured when her motorcycle was struck by a vehicle driven by Kennedy Muia Wambuis attorney wrote to Statewide Claims Services, the administrator for Muias insurer, asking for all the insurance money that Mr Muia had under his insurance policy In exchange, the letter indicated that Wambui would sign a limited release on Muia's liability, provided that it did not include any language requiring her to reimburse Muia or his insurance company for any of their incurred costs Statewide then send a check and release form to Wambui, but the release demanded that Wambui place money in an escrow account in regards to any and all liens pending Wambui refused the demand, claiming that Statewide's response was a counteroffer rather than an unequivocal acceptance of the settlement offer Did Statewide and Wambui have an enforceable agreement Discuss (15 Marks)

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Posted on Sep 30, 2024

QUESTION TWO

(10 Marks)

Jane Wambui was seriously injured when her motorcycle was struck by a vehicle driven by Kennedy Muia. Wambuis attorney wrote to Statewide Claims Services, the administrator for Muias insurer, asking for "all the insurance money that Mr. Muia had under his insurance policy." In exchange, the letter indicated that Wambui would sign a "limited release" on Muia's liability, provided that it did not include any language requiring her to reimburse Muia or his insurance company for any of their incurred costs. Statewide then send a check and release form to Wambui, but the release demanded that Wambui "place money in an escrow account in regards to any and all liens pending." Wambui refused the demand, claiming that Statewide's response was a counteroffer rather than an unequivocal acceptance of the settlement offer. Did Statewide and Wambui have an enforceable agreement? Discuss. (15 Marks)