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Zimmerman v. McColley4/26/2005
nd of Chamberlain, Hall had the authority to bind Auto-Owners, and Hall did nothing to dispel that notion. See Malone v. Basey, 770 N.E.2d 846, 852 (Ind. Ct. App. 2002); Scott, 697 N.E.2d at 67. Hall informed Chamberlain of a number of important matters relevant to the settlement, including the statute of limitations deadline, Dulin's policy limits, and potential Medicare complications, but during their discussions, Hall said nothing that would indicate that she was not authorized to settle claims in excess of $75,000 without approval from Auto-Owners' legal department. Hall also told Chamberlain that she felt certain that she and Chamberlain could settle the matter, and she made several offers to settle the claim. Thus, there is ample evidence that Hall had apparent authority to enter into a $115,000 settlement agreement on behalf of Auto-Owners, and Zimmerman's assertion on this point must fail.
Conclusion
Based on the forgoing discussion, we conclude that the trial court's determination that Auto-Owners and the McColleys entered into an enforceable oral contract to settle the McColleys' claim for a lump sum of $115,000 is not clearly erroneous.
Affirmed.
KIRSCH, C.J., and VAIDIK, J., concur.
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