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Hanson v. Oljar3/25/1988
Submitted on Briefs February 11, 1988.
Ethel Hanson appeals an Eighteenth Judicial District Court judgment in favor of Mary Oljar and State Farm Mutual Automobile Insurance Company. The District Court found that Ethel Hanson had executed a valid release of all claims relating to an automobile accident and that she was bound by the settlement terms. We affirm.
Ethel Hanson (Hanson) and Mary Oljar (Oljar) were involved in an automobile accident in Bozeman, Montana, on May 8, 1985. Oljar's vehicle struck Hanson's vehicle while Hanson was stopped at an intersection. Both parties were insured by State Farm Mutual Automobile Insurance Company (State Farm). An adjuster for State Farm, Richard Brown (Brown), investigated the accident and determined that Oljar was at fault. Brown also obtained a medical report from Hanson's doctor which listed Hanson's permanent disabilities from the accident as "undetermined at this time." Brown did not discuss the medical report with Hanson.
After several negotiations with Hanson, State Farm, through its adjuster, paid Hanson $4,362.85 for medical expenses, lost wages, car rental costs, headaches, and inconvenience. In return for the settlement payments, State Farm obtained a general liability release from Ethel Hanson and her husband, Ben Hanson, on July 9, 1985. On July 15, 1985, Hanson sent a thank you note to Brown to express that she was pleased with Brown's "settlement and prompt service . . ."
Unknown to State Farm at the time of settlement, Hanson had retained a Bozeman attorney on May 31, 1985, to represent her with regard to two automobile accidents — the May 1985 accident and an earlier accident in February of 1985. Hanson did not tell the State Farm adjuster about her attorney nor did the attorney contact State Farm about the representation.
On July 18, 1985, Hanson visited her doctor and received a copy of the same medical report sent to Brown. Hanson took the medical report to her attorney and informed him that she had received a settlement and had signed a release. That same day, Hanson's attorney deposited $1,010.40 in a Bozeman bank payable to State Farm and sent State Farm a document entitled "Tender of Payment and Rescission of Release." State Farm refused to accept the tender of payment. On April 14, 1986, Hanson filed this lawsuit for rescission of the release and damages.
The District Court held a non-jury trial on April 17, 1987. Thereafter, the District Court made the following findings of fact:
"1. Richard Brown, an adjuster with defendant State Farm, investigated plaintiff's claim of July 19, 1985.
"2. Both Mrs. Hanson and Mrs. Oljar were insured by defendant company. Brown's investigation revealed that Mrs. Oljar was at fault in the automobile collision.
"3. Mr. Brown was informed of medical bills, lost income and property damage incurred by plaintiff.
"4. Brown talked with plaintiff about medical payments and lost income. He authorized an advance payment of $678.23 on June 13, 1985. Brown paid advances on wages and medical bills when presented by plaintiff. No other bills were presented.
"5. Brown and plaintiff talked about four or five times about the matter.
"6. On July 9, 1985, Brown secured from plaintiff and her husband a release of all claims for the payment of $4,362.85. The document was signed at the Hanson residence. Brown issued drafts for car repair, car rental and a draft to plaintiff for $1,010.40.
"7. Brown had seen a medical report on plaintiff's condition prior to obtaining the release on July 9, 1985.
"8. At this meeting, Brown agree
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