Isaac v. Ho
Annotate this CaseRespondent sued Appellants for negligence and resulting injuries sustained in a car accident. The parties entered into a tentative settlement subject to Respondent giving her underinsured motorist (UIM) carrier notice under Schmidt v. Clothier to preserve her potential UIM claim. The UIM carrier elected to substitute its check for the tortfeasor's check pursuant to Schmidt-Clothier. Respondent accepted the substitute check. The negligence claim proceeded to trial, where a jury found Appellants negligent. The district court entered judgment in favor of Respondent and the UIM carrier. The court of appeals affirmed the judgment for Respondent but reversed for the UIM carrier. The Supreme Court affirmed the reversal of the judgment in favor of the UIM carrier but reversed the court of appeals' decision affirming the judgment for Respondent, holding that an injured party may not continue to pursue a negligence claim against the tortfeasor after she has agreed to settle the negligence action under the Schmidt-Clothier procedure and has accepted the substituted check from the UIM carrier.
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