Soares v. Langlois

OPINION

Justice SUTTELL, for the Court.

Does the negotiation of an insurance company check bearing the language “SETTLEMENT FOR INJURY SUSTAINED FROM AUTO ACCIDENT ON 8-4-00” constitute an accord and satisfaction with respect to the payee’s claim for personal injury arising from such accident? A trial justice ruled that in the circumstances of this case it did, and accordingly he dismissed the plaintiffs complaint. The plaintiff, John Soares, now appeals from the judgment entered in favor of the defendant, Joseph M. Langlois.

This case came before the Supreme Court for oral argument pursuant to…