Summary Judgment – Issue of Material Fact

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WI Court of Appeals – District III

Case Name: Johnathon Will v. Christopher Schlosser, et al.,

Case No.: 2020AP407

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Summary Judgment – Issue of Material Fact

Johnathon Will appeals a summary judgment granted in favor of Christopher Schlosser and his automobile liability insurer, Progressive Universal Insurance Company (hereinafter “Progressive”), which dismissed Will’s personal injury claim. Will cashed a $950 settlement check from Progressive sent with an attached document denominated “ADVICE FOR PAYMENT,” which read, “Full and Final Settlement of all Bodily Injury Claims with Open Meds.” The circuit court concluded that Will’s cashing of the check constituted an accord and satisfaction between the parties, thereby limiting the defendants’ further liability and warranting summary judgment in their favor.

On appeal, Will argues the circuit court erred in granting summary judgment because there were genuine issues of material fact as to whether Will had reasonable notice that the check he cashed was offered in full and final satisfaction of his claim.We agree and conclude that there are material issues of fact as to whether Will received such reasonable notice, thereby precluding summary judgment. We therefore reverse the judgment and remand this matter for further proceedings.

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Derek A Hawkins is Corporate Counsel, at Salesforce.