Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 17

State police suspected David Miller and Miller's Auto Body, Inc. of enhancing damages to vehicles and billing for damages not sustained in an attempt to get more money from insurance companies. The state Attorney General brought charges against Miller, but agreed to dismiss charges on the condition that Miller sign a settlement agreement; pay restitution to insurance carriers; and release the carriers from all claims, demands, and actions that Miller might have. With the counsel of an attorney, who drafted the release, Miller signed the settlement agreement. Fifteen months later, Miller filed suit against the insurance carriers named in the agreement. Miller claimed he was experiencing "severe financial and emotional distress" at the time he signed the agreement and felt he had "no other choice" but to sign. He argued it was signed under duress and voidable. Was he correct?