The insured sought a declaration that a full and final release was null and void due to lack of capacity, undue influence, and the insurer's failure to comply with statutory notice requirements.
The motion judge dealt with the capacity and undue influence issues on a Rule 21 motion, which the Court of Appeal found was an error as those issues depended on disputed facts.
However, on the cross-appeal, the insurer conceded based on recent jurisprudence that its failure to comply with the statutory requirements rendered the release null and void.
The cross-appeal was allowed and the appeal was dismissed as moot.
