Otaola v. Cusano's Italian Bakery

Marisela Otaola, individually and as personal representative of the estate of her late husband, Omar Otaola, and as the guardian of the couple’s two minor children, appeals a circuit court order dismissing with prejudice her wrongful death lawsuit against Cusano’s Italian Bakery. The unusual issue presented is whether a pre-suit settlement and payment of policy limits ($1,000,000.00) by one of Cusano’s insurers (Allstate Insurance, a non-party) without a release of Cusano’s or its excess coverage insurer (AIG, also a non-party), *995(a) should be rescinded as an incomplete settlement (and all…