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N.K. v. Certas Home and Auto Insurance (17-004337 and 17-004343)

  • March 29, 2018

The claimant, represented by counsel, entered into a settlement agreement with respect to LAT applications for disputed entitlement to various benefits. The claimant executed a full and final release and a settlement disclosure notice, and the LAT was notified that the claimant was withdrawing his applications. The claimant subsequently informed the LAT that he wished to stop the settlement process and that he no longer wished for his legal counsel to represent him. He sought to have the settlement set aside on the basis that it was improvident as he was placed under duress and lacked capacity to understand and consider the settlement documents due to mental illness. Adjudicator Maedel held the claimant was statute barred from rescinding the settlement. The claimant failed to establish that he lacked mental capacity to enter into the settlement, or that he was placed under duress at the material time. The settlement was valid and the claimant failed to rescind it within the two business day cooling off period.

Full decision here

TGP Analysis

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  • FILED UNDER Settlement
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