Rhone v. State Auto Mutual Insurance

ORDER

ALAIMO, Chief Judge.

These are consolidated actions for the recovery of insurance benefits and punitive damages arising from defendant’s alleged bad faith refusal to pay the full costs of chiropractic treatment rendered to plaintiffs. Defendant, State Auto Mutual Insurance Company (“State Auto”), moves for summary judgment on the grounds that, although defendant's check to plaintiffs’ chiropractor was for less than the amount owed, the chiropractor’s negotiation of that check bearing the language “Settlement in Full” constituted an accord and satisfaction of the debt, thereby…