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Contracts Keyed to Dawson
Bridge City Family Medical Clinic, P.C. v. Kent & Johnson, LLP
Citation:270 Or. App. 115, 346 P.3d 658.
Kent & Johnson represented Bridge City in an arbitration. Bridge City initiated correspondence with Kent & Johnson’s malpractice insurer, Professional Liability Fund (PLF), alleging professional malpractice and requesting to discuss options to settle its claims against Kent & Johnson. PLF responded to Bridge City directing it to make a “specific proposal” if there was interest in resolving its claim. Bridge City offered to settle for $40,000 to which PLF countered with $10,000 in return for a mutual release. Similar correspondence went back and forth between the parties before they ultimately reached a settlement agreement of $19,000. PLF advised Bridge City via letter that the mutual release was enclosed for its review and signature, and that the check would be delivered to Bridge City once PLF received the signed release. PLF did not receive a response from Bridge City and it sent two follow-up letters before receiving a response from Bridge City’s attorney that Bridge City had decided not to settle.
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