Cupidon v. Alexis

ELDRIDGE, Judge.

We issued a writ of certiorari in this case to consider whether a draft, issued by a joint tortfeasor’s liability insurer on behalf of the insured, containing language on its face reading “final settlement of any and all claims arising from bodily injury caused by accident on 01/17/91,” and deposited by the payee into her bank account, operates as a release by the payee of claims against all other alleged joint tortfeasors.

On January 17, 1991, the plaintiffs, Mariette and Victane Cupidon, were passengers in a car driven by the defendant, Jean Alexis. 1 As Alexis traveled…