Smith v. Allstate Insurance Co.

PRESTON H. HUFFT, Judge Pro Tem.

Richard Smith, plaintiff-appellant, appeals the trial court’s dismissal of his tort claim for personal injuries against Allstate Insurance Company, defendant-appellee. The trial court granted Allstate’s peremptory exception of no cause of action based *649upon Allstate’s presentation of certain drafts apparently endorsed and negotiated by plaintiff and oral testimony introduced through the depositions of plaintiff and of Kathleen Davis, an adjuster for Allstate. The drafts contain language that the respective amounts represent full payment of claims for injuries…