(Citations and punctuation omitted.) Lumsden v. Williams, 307 Ga.App. 163, 171(2)(f), 704 S.E.2d 458 (2010). In this case, appellants' expert opined that “the grading contractor's failure to properly compact the fill material was concealed from view and below the surface,” and thus not “observable or detectable,” and evidence in the record shows that testing by a specialist was required to determine if the grading contractor had sufficiently compacted the site.

(Citations and punctuation omitted.) Lumsden v. Williams, 307 Ga. App. 163, 171 (2) (f) (704 SE2d 458) (2010). In this case, appellants' expert opined that "the grading contractor's failure to properly compact the fill material was concealed from view and below the surface," and thus not "observable or detectable," and evidence in the record shows that testing by a specialist was required to determine if the grading contractor had sufficiently compacted the site.

OCGA § 8–2–38(a). See OCGA § 8–2–37 (“If a claimant files an action without first complying with the requirements of [the act], on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of [the act],” excluding causes of action for damages “due to personal injury or death [.]”); Lumsden v. Williams, 307 Ga.App. 163, 168(2)(b), 704 S.E.2d 458 (2010). Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer's claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage.

Moreover, this contract-law theory, in order to be rendered valid, requires a meeting of the minds. Id. at 1258 ; accordLumsden v. Williams , 307 Ga.App. 163, 704 S.E.2d 458, 464 (2010) ("An accord and satisfaction is a separate agreement and thus must meet the requirements for forming a contract."). Upon the delivery of Plaintiffs' initial letter and check, no reasonable jury could find that there was a meeting of the minds between them and Jackson National.

A definite offer and complete acceptance, for consideration, create a binding contract.”USA Mfg. Corp. v. Perfection–Schwank, Inc., 271 Ga.App. 636, 610 S.E.2d 600, 603 (2005) (holding that the record contained no meeting of the minds, even though one party negotiated the settlement checks offered by the other, and thus summary judgment was appropriate on an accord and satisfaction claim); accord Lumsden v. Williams, 307 Ga.App. 163, 704 S.E.2d 458, 464 (2010) (“An accord and satisfaction is a separate agreement and thus must meet the requirements for forming a contract.”). “Generally, ‘[t]he question whether the parties reached an accord and satisfaction is for the factfinder unless there are no genuine issues of material fact.’ ” Id. (quoting Sanders v. Graves, 297 Ga.App. 779, 678 S.E.2d 220 (2009)). Defendants rely on counsel's September 16, 2011 letter and check tendering the entire amount of premiums due, along with returning the original refund check.