In March 2004, White was stopped in her van when Berkenheuer, driving a Penske truck in the course of his job with Taylor Distributing Company hit her, causing her serious injury. White settled a first-party action with her no-fault insurer, Amex Insurance, which provided: IN CONSIDERATION of the payment to the undersigned, . . . plaintiff does hereby release and forever discharge AMEX INSURANCE COMPANY, and their officers, employees, principals, shareholders, executors, administrators, agents, successors, insurers and assigns of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and/ or compensation on account of, or in any way growing out of, any and all known and unknown personal injures and property damage resulting or to result from an accident that occurred on or about March 15, 2004.
IT IS expressly agreed that this Release also refers to any and all (past, present and future) claims/benefits arising or that may arise from the March 15, 2004 accident. This release identified Amex and its agents in great detail, but made no mention of Berkenheuer, Taylor, and Penske. In a later lawsuit by White against Berkenheuer, Taylor, and Penske, the defendants claimed that they were third-party beneficiaries to this release and that they "stood in the shoes of the promisee (Amex)." Is this a good argument?

  • CreatedJuly 16, 2014
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