Accord and Satisfaction

[hockeyplayerjp]

PENNSYLVANIA

In Pennsylvania, I have been fighting with my insurance company over a claim. I did take the issue to court and ruled favorably at the township level. Prior too legal actions there were 2 disbursements which the first was cashed. The second was not as it did not represent an item clearly beingf disbuted. After the ruling I did try to deposit the second check but the date expired. The court ruling was for the balance after the first and second disbursement. The Insurance Company appealed to a higher court.
Knowing the second check was not considered in the ruling and over 6 months old, I contacted the insurance company and requested a replacement which the accounting department issued.


The insurance company is now stating that the acceptance of the replacement check constitutes dismissal of claim due to “Accord and Satisfaction”. The check was endorsed and cashed with no reservations. The replacement check was cashed during the appeal and prior to the court date.


I am not an attorney and have little funds. The insurance company claims the check was Final Payment or Payment in Full. I would gladly agree to dismiss the claim except for the fact the replacement check did NOT state “Final Payment” or “Payment in Full” and there was NO Documentation accompanying the replacement check. I believe I made a note on the replacement check “Replacement” to avoid this type of legal maneuver by the insurance company.


I do not feel this is a legal accord since there was no New Agreement just a simple replacement with no notations. I hope you can offer some support so I can decide to keep fighting ..... or your opinion if cashing the replacement check (without agreement or notation) during the appeal is a true Accord and Satisfaction.