Buckley v. Brethren Mutual Insurance

EYLER, DEBORAH S., J.,

dissenting.

I respectfully dissent from the majority’s opinion.

Ember Buckley was injured in a single-car accident when she was a passenger in a car being driven by Harvey Betts. She sued Betts—the only alleged or possible tortfeasor—for negligence. Upon reaching a settlement with Betts for $100,000, which was the limit of his automobile liability insurance policy with GEICO, Buckley executed a general release. The release discharged any claim of any nature Buckley had against “all persons, firms, and corporations” arising out of the accident.

Buckley had sued Brethren, her…