Amy Klein was seriously injured when her motorcycle was struck by a vehicle driven by Christopher Bowling. Klein wrote to Statewide Claims Services, the administrator for Bowling’s insurer, asking for “all the insurance money that Mr. Bowling had under his insurance policy.” In exchange, Klein agreed to sign a limited release that could not contain “any language saying that [she would] have to pay Mr. Bowling or his insurance company any of their incurred costs.” Statewide sent a check and a demand that Klein “place money in an escrow account in regards to any and all liens pending.” Klein refused the demand. Did Statewide and Klein have an enforceable agreement?

SWFT Comprehensive Vol 2020
43rd Edition
ISBN:9780357391723
Author:Maloney
Publisher:Maloney
Chapter5: Gross Income: Exclusions
Section: Chapter Questions
Problem 6DQ
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Amy Klein was seriously injured when her motorcycle was struck by a vehicle driven by Christopher Bowling. Klein wrote to Statewide Claims Services, the administrator for Bowling’s insurer, asking for “all the insurance money that Mr. Bowling had under his insurance policy.” In exchange, Klein agreed to sign a limited release that could not contain “any language saying that [she would] have to pay Mr. Bowling or his insurance company any of their incurred costs.” Statewide sent a check and a demand that Klein “place money in an escrow account in regards to any and all liens pending.” Klein refused the demand. Did Statewide and Klein have an enforceable agreement?

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