TRINA MOORE v. DONEGAL MUTUAL INSURANCE COMPANY, 247 Md. App. 682

Summary

HOLDINGS: [1]-The Court held that when a settlement offer that does not specify a time for acceptance is made while the trial is still proceeding, the issue whether the offer was accepted in a reasonable amount of time generally is an issue of fact to be determined by the trier of fact; [2]-As such, the Court held that since the offer was accepted prior to final judgment, within approximately two hours after appellee stated that the offer was still on the table, the issue whether appellant accepted the offer within a reasonable time was a question of fact, and the circuit court erred in granting appellee's motion for summary judgment based on its finding, as a matter of law, that the offer lapsed; [3]-The Court noted that the case did not involve a delay of several years before the offer was accepted the offer, but rather the delay was approximately two hours.