Hayes v. McFarlane

Benham, Judge.

Hayes and his wife were riding in their automobile when McFarlane, who was also driving an automobile, collided with them. Hayes made a claim against Allstate Insurance Company, McFarlane’s insurer, for damage suffered in the collision, and accepted a draft for $630. Hayes subsequently filed a complaint against McFarlane for loss of consortium. McFarlane moved for summary judgment on the claim, and the trial court granted the motion. Hayes brings this appeal, contending that there remain material issues of fact whether the parties reached an accord and satisfaction of the entire…