1 total
Appeal dismissed; no binding settlement reached where parties failed to agree on allocation of funds between two accidents.
The appellant appealed an arbitrator's decision finding that the parties did not enter into a binding settlement of her claims for statutory accident benefits arising from two motor vehicle accidents.
The parties had agreed to settle the claims for $18,000 but did not discuss how the funds would be allocated between the two accidents.
When the insurer provided a release allocating most of the funds to the second accident, the appellant refused to sign because it would prejudice her tort claim regarding the first accident.
The Director's Delegate dismissed the appeal, upholding the arbitrator's finding that there was no meeting of the minds on the essential term of allocation, and therefore no valid settlement.
