accord and satisfaction exist is a mixed quéstion of fact and law and for an illustration of how that court applied Washington law regarding accord and satisfaction. However, the case in inapposite to Defendant's needs, both because ERISA did not apply to the outcome in Milgard (as the conflict arose out of an ordinary commercial dispute governed by common law contract principles) and because the accord and satisfaction at issue in Milgard arose out of a written settlement agreement. As discussed previously, any contractual modification of an ERISA-governed agreement must be in writing. 8 . American Motorists has also cited to two other opinions which, it argues, counsel against liability. See Sandy Valley Assocs. v. Sky Ranch Estate Owners Ass'n, 117 Nev. 948, 35 P.3d 964, 969 (2001) (<HOLDING>); Ranger Constr. Co. v. Prince William County
holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered recognizing that under georgia law attorneys fees are allowed where authorized by statute or contract holding that attorneys fees cannot be recovered as a cost of litigation unless authorized by agreement statute or rule in a contractual dispute unrelated to erisa holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff holding that although attorneys fees are usually not recoverable unless permitted by statute or contract contractual or statutory authorization was not necessary in a malpractice claim to recover attorneys fees and costs as damages