Legal Opinion

Mears v. Safeco Insurance

District Court, D. Montana

Decided August 29, 2012No. CV 11-40-H-DWMPublishedCited by 3 opinions

1Opinion of the Court

ORDER

DONALD W. MOLLOY, District Judge.

Plaintiff Robert Mears filed a claim for policy benefits with his insurer, Defendant Safeco Insurance Company of Illinois (“Safeco”), after being hit by a car while crossing the street. He eventually accepted a settlement offer of $21,015.58 in exchange for his agreement to “release [Safeco] from liability under the policy.” The oral agreement was reached over the phone in a recorded conversation. Mears subsequently signed off on a check from Safeco that included the notation, “FULL AND FINAL SETTLEMENT OF ALL CLAIMS.”

Eight months later, Mears learned…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
  3. Yeti by Molly Ltd. v. Deckers Outdoor Corp.Court of Appeals for the Ninth Circuit · 2001
  4. Goodman v. Staples the Office Super-Store, LLCCourt of Appeals for the Ninth Circuit · 2011
  5. Jacobsen v. Allstate InsuranceMontana Supreme Court · 2009

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3Cited by3 opinions

  1. Abare v. United StatesUnited States Court of Federal Claims · 2026
  2. Estate of Daniel Keith Ross v. Gallatin County and John Does 5-10District Court, D. Montana · 2026
  3. James Lee Construction, Inc. v. Government Employees Insurance CompanyDistrict Court, D. Montana · 2020

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