Settlement Conferences (Oral Agreements)

McElderry v. St. Paul Fire & Marine Ins. Co. [04/22/05] 2005 MTWCC 26 Where an unconditional oral agreement is made during a settlement conference to settle a workers’ compensation claim which is in litigation, the agreement is binding and enforceable.

UEF v. American International Group/Payless Shoesource, Inc./Donald Revell [1/17/01] 2000 MTWCC 2 Where the parties engaged in settlement negotiations and disagree as to whether an oral settlement agreement was reached, it is appropriate to order the parties to engage in a formal settlement conference before holding a hearing and deciding the merits of a motion to enforce the alleged settlement agreement.

Yager v. MSGIA [2/12/96] 1996 MTWCC 18 While motion to sanction insurer for not bringing adjuster to settlement conference was denied where counsel had represented at conference that he had ultimate settlement authority, the Court will require, in the future, that the Court and other party be notified in advance if the claimant or the representative of the insurer with authority will not be present.