KOVAL & KOVAL V. SIMON TELELECT, INC., et al.
693 N.E.2d 1299 (1998)
NATURE OF THE CASE: The United States District Court submitted two certified questions
arising out of a products liability suit in the federal court by Koval (P), husband and
wife, against Simon (D).
FACTS: A settlement agreement was reached at a mediation attended by persons who
seemingly believed they represented all interested parties. One of those was an attorney
representing both H&M and Liberty Mutual, who agreed to a settlement that compromised the
interests of both the employer and the insurer. H&M had not authorized Liberty Mutual or the
attorney to settle and later refused to agree to the settlement. The terms of the mediation
required that each party be represented by a person with settlement authority. Although the
terms of the mediation included a requirement that the parties sign any settlement in
writing before they would be bound, the district court concluded that subsequent events
could waive this provision. After a hearing on P's motion to enforce the settlement
agreement, the court certified two questions to this Court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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