Settlements: Construing

MONTANA SUPREME COURT DECISIONS

Murer v. State Compensation Ins. Fund, 283 Mont. 210, 942 P.2d 69 (1997) (No. 95-542) Where claimant’s counsel arguing that settlement agreements were ambiguous could have inserted clarifying language, any ambiguities in the agreement must be strictly construed against the party who created the agreement.

WORKERS' COMPENSATION COURT DECISIONS

Metzler v. Plum Creek [4/9/03] 2003 MTWCC 26 Where settlement agreement is plain on its face, it will be enforced as written.

Broeker v. State Fund [5/3/02] 2002 MTWCC 25 The initial rules governing the interpretation of contracts are similar to those applicable to statutory interpretation. As with statutes, if a contract is clear and unambiguous, it must be interpreted and applied as written.

Broeker v. State Fund [5/3/02] 2002 MTWCC 25 Since a settlement agreement is a contract, the agreement is to be interpreted in accordance with rules governing interpretation of contracts.

Broeker v. State Fund [5/3/02] 2002 MTWCC 25 Where the terms of a settlement agreement expressly encompass only the issues involved in a case in litigation, the settlement applies only to those issues.