Robert B. Noble v. Ralph W. Farris

MAGRUDER, Chief Judge

(concurring).

I concur. As the opinion of the court points out, Mr. Farris was an attorney well experienced in insurance matters, and he made no mistake as to the terms or purported legal effect of the release which he executed. No doubt, the payment to Farris of $90.71 represented in his mind recompense for his property damage only. But he was so anxious to have the insurance company recognize liability for his property damage claim and pay him the estimated amount of his property damage that, in consideration of this payment, he was willing to execute and deliver to the insurance company a general release of all claims, without waiting to ascertain whether his wife’s injuries amounted to anything and whether they would involve substantial medical expenses on his part. This may have been an unfortunate error of judgment on the part of the plaintiff, but it was an error which was not induced or contributed to by any misrepresentation or overreaching on the part of the insurance company. Under these circumstances I know of no precedent or equitable principle which would relieve the plaintiff from the legal consequences of executing the release.