Jaramillo v. Farmers Insurance Group

I respectfully submit that the majority fails to give effect to the law stated in Allstate Insurance Co. v. Ivie, Utah, 606 P.2d 1197 (1980), and Allstate Insurance Co. v. Anderson, Utah, 608 P.2d 235 (1980), and misapplies governing principles of contract law in holding that the plaintiff is not entitled to the full settlement proceeds of $12,-000.

The release signed by State Farm Insurance Co. and plaintiff states in relevant part:

For the sole consideration of twelve thousand and no/100 Dollars, . . . the undersigned [Jerry R. Jaramillo] releases and forever discharges Clarence Dale Sharp…