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Piercev.Banks

CourtCourt of Appeals of Georgia
Docket No.A23A0394
DecidedJune 28, 2023
Reporter368 Ga. App. 496; 890 S.E.2d 402; 2023 Ga. App. LEXIS 347; 111 U.C.C. Rep. Serv. 2d (Callaghan) 479; 2023 WL 4227923
JudgesPIPKIN, Judge. Rickman, C. J., and Dillard, P. J., concur fully and specially.
Tags
CivilSettlement EnforcementTime-Limited DemandContract FormationMirror Image RuleMotor Vehicle AccidentOCGA 9-11-67.1Ripley's Believe It Or NotProcedural LabyrinthsContracts & Technicalities
Case Summary

After a 2021 crash, Aaron Pierce sued Banks and Smith for personal injuries. Before filing, he offered Trexis, their insurer, a $25,000 policy-limits settlement. His offer required written acceptance within 31 days, payment 15 days after acceptance, and no added terms. Trexis sent its acceptance letter and check together; the check added a “void after 180 days” restriction. The trial court enforced the settlement, reasoning the offer imposed no payment duty and the notation was immaterial. The Court of Appeals reversed. Under Georgia’s then-applicable settlement statute and contract law, an offeror could set acceptance terms, and a unilateral offer required exact performance. The statute permitted 15-day payment; the Uniform Commercial Code did not automatically void checks after six months, so the notation added a forbidden term. These deviations meant no settlement contract formed. The court did not decide whether counsel’s “authorized to accept” letter or a missing payee comma separately defeated acceptance. It reversed and remanded; Rickman concurred, and Dillard specially concurred, explaining the timing accommodated health-insurance reimbursement.

Opinion

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