Settlements: Authority

Hernandez v. ACE USA [4/24/03] 2003 MTWCC 32 Where the evidence presented at trial shows that the insurer's Montana adjuster would have approved the $75,000 lump-sum settlement of claimant's future permanent total disability benefits, but the employer vetoed the settlement, and where the evidence shows, on a more likely than not basis, that a $75,000 settlement would have been approved by the Department of Labor and Industry, the settlement will be ordered by the Court.

Geery v. Travelers [2/13/03] 2003 MTWCC 8 Where a claimant is apprized by his attorney of a proposed settlement agreement, accepts the terms of the agreement, and approves the agreement, his attorney has authority to execute the documents necessary to effect the agreement.

Geery v. Travelers [10/15/02] 2002 MTWCC 46 Lacking specific authorization by the client, an attorney has no authority to enter into a compromise settlement on his client's behalf.