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.

 

[latigo]

The insurance company knows very well that this check transaction doesn’t constitute an accord and satisfaction. Their standard policy is to dispute every claim, but this verges on deceptive practices.

Complain to the Pennsylvania Insurance Department by going here:

https://www.insurance.state.pa.us/dsf/complaintform.html

 

[hockeyplayerjp]

Thanks Latigo !

I did get a copy of the cashed check from my bank and unfortunately for me the check does bear the words "this is full payment unless otherwise indicated on stub". The insurance company waited until after 90 days to inform me that the claim is final because I cashed that check.

The statement was just above the check signature and not in the notation area as most. The statement was not present on the original check but added to the replacement. In addition, the check was not accompanied by any NEW Agreement and the check stub was Not present.

My conversation requestng the new check was clear and specific requesting a replacement check for the outdated check.

I have a well documented history of how the insurance company short paid all 3 items in my claim. The first was paid at 1/2 price, the second item told NOT covered, and the third limited. After many attempts they did settle the first and second but not the third.

Since the replacement check mantioned above was cashed during a dispute does that constitue a new Accord and Satisfaction ?

I feel deceived and there was NO NEW agreement.