Jones v. Allstate Ins. Co.

Summary

The court held that an insurance claims adjuster who selected and completed settlement documents, advised unrepresented third-party claimants to sign them, and cultivated a relationship resembling legal assistance was practicing law and therefore owed the claimants the standard of care of a practicing attorney. The adjuster breached that standard by failing to explain the legal consequences of the release and check, failing to refer the claimants to independent counsel, and failing to disclose the conflict between the insurer's interests and theirs. The court affirmed summary judgment and remanded for consideration of the remaining claims and damages, while holding that the insured's driver could not assert accord and satisfaction because the settlement was not shown to have been made in good faith and with full revelation.