Richard Petersen, Individually and as a Natural Parent of the Minor Child, Rachel Petersen, Deceased et al. v. Genesis Learning Centers and Therapeutic Interventions, Inc.

This is an action to enforce a settlement agreement. In the underlying lawsuit, the plaintiffs filed a complaint against the defendant foster care provider for the wrongful death of their daughter. The defendant had an insurance policy with “withering” limits, in which the policy limits are reduced by the amount expended in defending the lawsuit. The week before trial, counsel for the defendant sent a letter to counsel for the plaintiffs offering to settle the case for the remaining policy limits which, at the time, were $575,000. The plaintiffs asked the defendant to allow the offer to remain open for forty-eight (48) hours. The defendant agreed, but the defendant’s trial preparation continued. Two days later, the plaintiffs accepted the defendant’s offer. By that time, the policy limits had eroded to $450,000. The plaintiffs filed a motion to enforce the settlement agreement in the amount of $575,000. The trial court granted the motion. The defendant now appeals. We reverse, concluding that the parties’ correspondence does not reflect a meeting of the minds on the settlement amount.