Scott v. Kirkland

We review an appeal from an order of final summary judgment entered in favor of Kirkland and Allstate Insurance Co. We affirm the judgment of the trial court that the release signed by Scott was valid and released Kirkland, the third party tort-fea-sor, from any and all liability in regard to the automobile accident. We reverse, however, on the issue of whether Allstate was prejudiced by the non-consensual settlement with Kirkland. Such a settlement creates a presumption of prejudice to the insurer. Recovery against an insurance company under an uninsured motorist provision is not barred,…