Settlements: Existence

Montana State Fund v. Simms [12/29/10] 2010 MTWCC 40 A legally binding settlement exists where the claimant and insurer signed a settlement agreement, the insurer issued a check in the agreed-to amount, the claimant cashed the check, and this Court entered a stipulation for dismissal with prejudice, even though the Department of Labor and Industry did not approve the agreement as required by § 39-71-741, MCA.
Drury v. Int'l Paper Co. and O'Brien v. Int'l Paper Co. [12/08/10] 2010 MTWCC 32Where the parties agreed to settle a claim, but when drafting the settlement agreement disagreed as to whether the settlement of the right to pursue a death benefits claim was included in the agreement, the Court concluded that the settlement could not be enforced as an essential term of the settlement agreement was never reached by the parties.
Metzler v. Plum Creek [4/9/03] 2003 MTWCC 26 Where the parties memorialize a settlement agreement in writing and the agreement is unconditional and complete other than a provision providing for filing of formal papers effectuating the settlement, the stipulation is a mere formality and the settlement agreement is enforceable.

UEF v. American International Group/Payless Shoesource, Inc./Donald Revell [1/17/01] 2000 MTWCC 2 Where parties' affidavits indicate a dispute as to the existence of an oral settlement agreement of a pending action before the Court, the motion cannot be resolved upon affidavits and requires an evidentiary hearing.