Accord and Satisfaction: When a check is a trap! episode artwork

EPISODE · Sep 2, 2022 · 55 MIN

Accord and Satisfaction: When a check is a trap!

from On Subrogation

When a you receive a random, unexpected payment for half of your subrogation claim, you might think, "hooray!  Now I only have to recover the remaining half.  That was easy!"  But beware - if that payment has limiting language like, "payment in full" or there is a letter along with it, you may be in trouble. When can these surprise payments count as a settlement?  And why do settlements count as settlements, anyhow?  The answer is the doctrine of accord and satisfaction.  Listen in as Rebecca and Steve talk about what is really required for a claim of accord and satisfaction, when you can accept the payment, and why a settlement settles the claim.    

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Accord and Satisfaction: When a check is a trap!

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