Collins v. Commercial Union Insurance

Banke, Judge.

Appellant sued under his contract of insurance to recover damages which represented the claimed costs of repairs to his forklift which was insured by appellee. After an initial payment for repairs of $1,004.12, and after at least one phone conversation between appellant and appellee’s claims manager, a second draft in the amount of $1,265 was sent to appellant. This draft bore on its face the words "full and final settlement for all claims of every nature,” and "not valid after 90 days from issue.” Plaintiff testified *451that repairs to the forklift exceeded $6,000; that upon…