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Cengage Advantage Books: Essentials of the Legal Environment Today 5th Edition

Cengage Advantage Books: Essentials of the Legal Environment Today (5th Edition)

Book Edition5th Edition
Author(s)Cross, Miller
PublisherCengage Learning
Chapter 12, End of Chapter, Business Scenarios and Case Problems, Exercise 12-9
Page 312



Amy Kemper was seriously injured when her motorcycle was struck by a vehicle driven by Christopher Brown. Kemper's attorney wrote to Statewide Claims Services, the administrator for Brown's insurer, asking for "all the insurance money that Mr. Brown had under his insurance policy." In exchange, the letter indicated that Kemper would sign a "limited release" on Brown's liability, provided that it did not include any language requiring her to reimburse Brown or his insurance company for any of their incurred costs. Statewide then sent a check and release form to Kemper, but the release demanded that Kemper "place money in an escrow account in regards to any and all liens pending." Kemper refused the demand, claiming that Statewide's response was a counter-offer rather than an unequivocal acceptance of the settlement offer. Did Statewide and Kemper have an enforceable agreement? Discuss. [Kemper v. Brown, 754 S.E.2d 141 (Ga.App. 2014)] (See Agreement.)

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