Henry v. Allstate Insurance

Eberhardt, Presiding Judge.

1. Appellant asserts that there is a genuine issue as to whether an explanation to her of the draft and release by Allstate’s agent or adjuster was free of fraud so as to constitute an accord and satisfaction.

In their answer and defense to the complaint for declaratory judgment defendants (the Henrys) assert that "Defendants were fraudulently induced to execute the Release and Trust Agreements, 1 marked as plaintiffs exhibits C and D .. . which led defendants to believe that the release and trust agreement were in consideration of the payment of the medical payments…