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CIM Insurance Corp. v. Cascade Auto Glass

660 S.E.2d 907 (2008)

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CIM Insurance Corp. v. Cascade Auto Glass

North Carolina Court of Appeals

660 S.E.2d 907 (2008)

Facts

Through Safelite Solutions (Safelite), CIM Insurance Corporation (CIM) and 16 other insurers (insurers) (defendants) paid Cascade Auto Glass, Inc. (Cascade) (plaintiff) to repair automobile-windshield damage for the drivers they insured. Safelite informed Cascade that it intended to pay a smaller share of each claim and that by repairing a windshield, Cascade would indicate that it accepted the lower reimbursement that Safelite offered. Each time someone filed a claim, Safelite called Cascade to communicate what it offered to pay on the claim, repeated that completion of the repair would constitute Cascade’s acceptance of the offer, and confirmed the phone call with a follow-up fax. Each time, Cascade proceeded with the repair, but it protested the lower reimbursement. Each time, Safelite sent Cascade a check for the exact amount it had promised, and Cascade cashed the check. The insurers sued for a declaratory judgment as to the parties’ competing rights, and Cascade counterclaimed to collect the additional reimbursement it believed it was owed. The trial court granted summary judgment for the insurers. Cascade appealed.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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