Civil Procedure – settlement — equitable estoppel

Wisconsin Court of Appeals

Civil

Civil Procedure – settlement — equitable estoppel

Zurich American Insurance Company appeals an order granting Secura Insurance’s, Competitive Machining’s, and Timothy Vomastic’s motion to enforce a settlement agreement in this personal injury action commenced by Gustav Weber. The settlement in this action was contingent on Zurich’s settlement of Weber’s worker’s compensation claim in Illinois. The circuit court determined that the purported settlement of the worker’s compensation claim did not comply with Wis. Stat. § 807.05. It nonetheless enforced both the worker’s compensation settlement and the settlement in this action by applying the equitable estoppel doctrine. We conclude the following: (1) the record does not contain clear evidence of an agreement to settle the worker’s compensation claim; (2) even if there was an agreement, it is unenforceable under § 807.05; and (3) the equitable estoppel doctrine does not apply. Accordingly, we reverse and remand for further proceedings. This opinion will not be published.

2011AP2438 Weber v. Secura Insurance, et al.

Dist III, Shawano County, Habeck, J., Per Curiam

Attorneys: For Appellant: Ceman, Richard E., Jr., Milwaukee; Jonas, Valerie R., Wauwatosa; For Respondent: Laing, Dean P., Milwaukee; Claypool, John D., Appleton; Lawrynk, Michael D., Appleton