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Patrickv.Kingston

CourtCourt of Appeals of Georgia
Docket No.A23A1527
DecidedFebruary 13, 2024
Reporter370 Ga. App. 570; 898 S.E.2d 560; 2024 Ga. App. LEXIS 53; 113 U.C.C. Rep. Serv. 2d (Callaghan) 409
JudgesDILLARD, Presiding Judge. Rickman and Pipkin, JJ., concur.
Tags
CivilSettlement EnforcementTime-Limited DemandContract FormationMotor Vehicle CollisionMirror Image RuleOCGA 9-11-67.1
Case Summary

After Jennifer Patrick was killed by a wrong-way driver, her family offered the driver’s insurer a time-limited settlement under Georgia’s pre-suit demand statute, requiring strict, variance-free acceptance. Although the insurer accepted in writing and sent the $25,000 policy limit, its check stated that it was “void if not presented within 90 days.” The Court of Appeals held that the check did not strictly comply with the offer, which barred extra terms on settlement documents. The insurer’s reliance on the UCC check statute failed: it excuses a bank from having to pay a check presented after six months but does not make a check automatically void after that period. The check’s 90-day expiration therefore varied from the offer, so no settlement formed; the court did not reach other alleged variances or the specific-performance challenge. The court reversed the order enforcing the settlement and remanded for further proceedings.

Opinion

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