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RHONE v. STATE AUTO. MUT. INS. CO.

No. 87-8564.

858 F.2d 1507 (1988)

Shirley J. RHONE, et al., Plaintiffs-Appellants, v. STATE AUTO MUTUAL INSURANCE CO., Defendant-Third Party Plaintiff-Appellee, F. William Allen, Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

October 27, 1988.

Attorney(s) appearing for the Case

John T. McKnight, R. Michael Souther, Brunswick, Ga., for plaintiffs-appellants.

Charles Gowen Spalding, Fendig, McLemore, Taylor & Whitworth, David T. Whitworth, Brunswick, Ga., for defendant-third party plaintiff-appellee.

Before VANCE and HATCHETT, Circuit Judges, and NESBITT, District Judge.

HATCHETT, Circuit Judge:

In this diversity jurisdiction case, we affirm the district court's ruling that the acceptance of an insurance draft during a dispute regarding the amount due for services constitutes an accord and satisfaction under Georgia law.

The appellants, Shirley Rhone, her minor daughter, and another passenger suffered injuries when a truck struck the vehicle in which they were riding. State Auto Mutual Insurance Co. (State Auto), the appellee...

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