Question

Minors.D.V.G. (a minor) was injured in a one-car auto accident in Hoover, Alabama. The vehicle was covered by an insurance policy issued by Nationwide Mutual Insurance Co. Stan Brobston, D.V.G.’s attorney, accepted Nationwide’s offer of $50,000 on D.V.G.’s behalf. Before the settlement could be submitted to an Alabama state court for approval, D.V.G. died from injuries received in a second, unrelated auto accident. Nationwide argued that it was not bound to the settlement because a minor lacks the capacity to contract and cannot enter into a binding settlement without court approval. [Nationwide Insurance Co. v. Wood, 121 So.3d 982 (Ala. 2013)] (See Contractual Capacity.)

Please help with the following items below

Prepare a case brief using the following five (5) separately numbered paragraphs:

1. Facts – This should be a short concise statement of the facts which can be from three to five sentences long.

2. Legal Issue – Usually, this can be a simple one-sentence question.

3. Rules of Law – This is the statement of the law relevant to answering the question posed in the Legal Issue paragraph. No mention of any facts from the case should be in this paragraph. This can be from one to three sentences long.

4. Application or Rationale – This is your persuasive discussion that applies the law from paragraph 3 (Rule of Law) to the Facts in paragraph 1 to support the conclusion you reach in paragraph

5. Conclusion/Decision – This is a one or two sentence statement of your answer to the question posed in paragraph 2.

Answer 1

1 - Here the facts as follows are that the insurance company refused to do the settlement as the plaintiff ( D.V.G , minor ) dies in another unrelated automobile accident by receiving certain fatal injuries.

2 - Here the argument given by Defendant (Insurance company) that the minor cannot be a party to the contract due to it's incapacity but the real issie was that the company can't refuse to attend the hearing.

3 - Here the relevant laws of Minor's contract were asked to be taken into consideration but Supremacy of law and laws established were taken into consideration.

4 - If I had to do it according to law I would have gone with the decision taken by the court considering the full known facts.

5- The law of land is the result of laws established before ,given the same circumstances or situations.