Contracts: Construction: Inserting Provisions

UEF v. Mackey [5/6/03] 2003 MTWCC 36 Where a contract is plain and unambiguous on its face a court cannot insert additional or qualifying provisions. Where a settlement agreement between the UEF and a claimant provides that the UEF is to receive one-third of "any recovery" by claimant from the uninsured employer, the Court may not insert a provision allowing claimant to deduct her attorney fees from the recovery before applying the UEF's one-third share.