Ortiz v. Travelers Insurance Co.

Oh April 22, 1958, plaintiff was injured and ultimately suffered the loss of an eye when a bottle of Yernors ginger ale exploded in a grocery store owned by Basil Gach. 1 Gach’s liability to plaintiff, if any, was covered by insurance he carried with the defendant, The Travelers Insurance Company.

On December 18, 1958, Travelers, through one of its agents, in culmination of negotiations with plaintiff’s attorney orally offered to compromise the plaintiff’s claim for $5,184. 2 This offer was accepted by a letter from plaintiff’s attorney to Travelers two days later. Subsequently, Travelers…