McCoy v. State Farm Insurance

Birdsong, Presiding Judge.

Albert McCoy appeals from the grant of summary judgment to State Farm Insurance Companies. McCoy contends the trial court erred by granting summary judgment without considering whether his mental condition at the time he executed the release created an issue of fact for jury determination.

The record shows that after an automobile accident with an uninsured motorist and his discharge from an overnight stay in the hospital, McCoy was visited by a State Farm insurance adjuster. During that visit, McCoy and his wife signed a document which for $3,000 released State Farm…