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Specific Performance Of Settlement Agreement

Kirk Gross Co. and United Fire Group vs. Schwab, (Ia. App. 11/30/06)

Employer and insurance carrier filed petition in equity with district to request the court order Schwab to sign the settlement agreement so it could be submitted to the commissioner for approval. Schwab had contended that his attorney settled with the employer without his permission. Attorney is presumed to be acting with authority when settling clam but presumption can be rebutted. Schwab did not offer any evidence to rebut presumption. Court of Appeals affirmed district court order granting specific performance of settlement and ordered claimant to sign documents.

Posted by Richard G. Book on May 2, 2007 6:30 AM  |  Permalink

 

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