Releases, covenants and settlement agreements

AuthorDavid Frangiamore
Pages515-528
RELEASES, COVENANTS,
SETTLEMENT AGREEMENTS
11-1
CHAPTER 11
RELEASES, COVENANTS AND
SETTLEMENT AGREEMENTS
§1100 IN GENERAL
§1101 Release or Covenant Not to Sue
§1102 Releases and Covenants Functioning as Contracts
§1110 HOW A RELEASE WORKS
§1111 Who and What Is Released?
§1111.1 Releases in Uninsured Motorist Claims
§1112 Bargaining for Fair and Adequate Consideration
§1113 Determining the Legal/Mental Capacity of the Claimant
§1113.1 Obtaining Court Approval
Sample: Parents’ Release and Indemnity Agreement
§1120 SPECIFIC RELEASES AND SETTLEMENT AGREEMENTS
§1121 Open/Limited Release
§1122 Signed Releases
§1123 Witnessed/Notarized Releases
§1124 When No Release Is Signed—Walk Away Settlements
§1125 Signing Multiple Releases
§1126 Recording Releases Over the Telephone—A Very Questionable Practice
§1127 Reserving Extra Contractual Damages
§1128 Good Faith Release and Multiple Parties
§1129 Parents Release Indemnity Agreement
§1130 BREAKING THE WRITTEN/SIGNED RELEASE
§1131 Fraud or Misrepresentation in the Inducement to Sign a Release
§1132 Reformation of the Release
§1133 Good Faith Settlement Exposure
§1133.1 Sliding Scale Rule
§1140 COVENANTS NOT TO EXECUTE AND ASSIGNMENT OF POLICY RIGHTS
§1150 MARY CARTER AGREEMENTS
§1160 RELEASE OF THE CLAIM AND BAD FAITH

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT