Holzhauser v. West American Insurance Co.

CLAYTON, Judge.

This matter arises from a summary judgment granted to appellees, West American Insurance Company and Farmers Insurance Company. The summary judgment was predicated upon a general release executed by appellant, Laurel Holzhauser. We reverse.

Holzhauser was involved in a two-car accident on May 6, 1985. Farmers is the liability carrier for the second automobile. West American is Holzhauser’s basic reparations benefits (BRB) carrier.

Although there was some discussion of a claim for BRB by Holzhauser immediately after the accident, a claim was not formally made by Holzhauser until…