Carey v. Dairyland Mutual Insurance

The primary dispute in this appeal concerns the result of the negotiations between Mr. Carey and Mr. Sinclair. It is Dairyland’s position that these negotiations resulted in the making of a settlement offer, that the offer was not accepted for almost three years, and that the change of circumstances between the making of the offer and its acceptance, namely, the running of the statute of limitations on the commencement of a personal injury action made the acceptance ineffective to create an agreement.

Respondent contends that the negotiations led to a binding agreement, the performance of…