Noroski v. Fallet

After an auto accident, Fallet's (defendant's) insurer Celina sent Noroski (plaintiff) a check with an unsigned release form he never executed; a later phone call with the claims adjuster resulted in an additional payment, and the adjuster testified Noroski agreed the total payment fully settled his claims, though the word "release" was never used and the check was never stamped "Release." When Noroski later incurred further medical costs and sued after Celina refused to pay, Fallet raised full settlement as a defense; the trial court and court of appeals found the phone conversation created an enforceable release, and Noroski appealed.