Pritchett v. Asbestos Claims Management Corp.

773 N.E.2d 1277, 332 Ill. App. 3d 890, 266 Ill. Dec. 207
CourtAppellate Court of Illinois
DecidedJuly 26, 2002
Docket5-01-0095
StatusPublished
Cited by43 cases

This text of 773 N.E.2d 1277 (Pritchett v. Asbestos Claims Management Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pritchett v. Asbestos Claims Management Corp., 773 N.E.2d 1277, 332 Ill. App. 3d 890, 266 Ill. Dec. 207 (Ill. Ct. App. 2002).

Opinion

JUSTICE MELISSA CHAPMAN

delivered the opinion of the court:

This is an appeal from an order of the circuit court entering a judgment to enforce a settlement agreement. The issues for review are whether the court erred in enforcing the settlement agreement against the defendants jointly and severally for an unpaid portion of the agreed amount of the settlement and whether the court erred in finding that the plaintiff’s negotiation of a check tendered by the defendants for less than the settlement amount did not constitute an accord and satisfaction. We affirm.

I. FACTS

The Center for Claims Resolution (CCR) is a nonprofit corporation that was created to provide for the administration, defense, payment, and disposition of asbestos-related claims for its member corporations named as defendants in asbestos-related personal-injury lawsuits. The relationship among the members and the operation of CCR is governed by a contract, “Producer Agreement Concerning Center for Claims Resolution” (Producer Agreement). Under the Producer Agreement each member designates CCR as its sole agent in administering and arranging the evaluation, settlement, payment, or defense of all asbestos-related claims. Accordingly, CCR members are prohibited from acting on their own in response to any asbestos claims. Each member also authorizes CCR to calculate each member’s share of each settlement in accordance with an established share matrix outlined in the agreement. The Producer Agreement provides that only those that are parties to the agreement may challenge or enforce any such allocation determinations. Further, under the agreement, CCR handles each asbestos-related claim on behalf of all member corporations and will not settle an asbestos-related claim on behalf of fewer than all of its member corporations.

On June 27, 1999, the plaintiff, Louis V. Pritchett, brought suit against Armstrong World Industries, Inc., The Asbestos Claims Management Corp., Certain-Teed Corp., GAF Corp. (GAF), Quigley Company, and United States Gypsum Company, all members of CCR, as well as other non-CCR-member manufacturers of asbestos-containing products. The plaintiff alleged that he suffered from mesothelioma (a quickly progressing terminal cancer) resulting from his occupational exposure to asbestos-containing products manufactured and sold by the defendants. On December 2, 1999, the eve of the trial, the plaintiff orally reached a settlement with the CCR defendants and then proceeded to a trial against other named defendants not represented by CCR. In negotiating the settlement with the agent for the CCR defendants, the plaintiff agreed to accept a single sum in exchange for his releasing all CCR members, even those not named as defendants, from any liability.

On December 16, 1999, CCR sent the plaintiff a letter confirming the settlement. The letter provided in pertinent part as follows:

“This letter will serve to confirm settlement of the above!-] captioned cases ***[.] The date of this settlement is December 16, 1999.
You are aware that the Center for Claims Resolution (CCR) has independently and separately evaluated each of the claims, and the aggregate amount of the settlement is the total of those evaluations in the settlement negotiations process. It is understood that the law firm [representing CCR] will be allocating [amount redacted] to [the plaintiff] ***.
It is agreed and understood that this settlement fully releases all members of the CCR, whether or not such members were made parties to these lawsuits. Furthermore, it is understood that this settlement includes any and all companion actions in this or any jurisdiction for the above-referenced plaintiff.
In accordance with our settlement agreement, settlement funds will be forwarded to your firm ninety (90) days from the date of settlement, conditional upon receipt of required supporting documentation, as well as properly executed releases.
Please be advised that the CCR will accept only Release(s) prepared by the CCR and properly executed by the plaintiff. Please be further advised that payment will not be issued prior to the CCR’s receipt of such properly executed Release(s).” (Emphasis in original.)

Within two days of the plaintiff’s receipt of this letter, CCR voted to terminate GAF’s membership in CCR effective January 17, 2000.

On March 9, 2000, CCR sent a letter to the plaintiff that read in pertinent part as follows:

“Pursuant to the CCR’s settlement with you, enclosed is a check for [amount redacted]. This check represents the total of the amounts due for each of the claims in the attached listing, subject to payment at this time under the terms of the settlement agreement, less the amounts payable for each of these claims by GAF Corporation — which total [amount redacted]. The CCR has billed GAF Corporation for these amounts, but GAF has to date refused to pay such billings.
We will be contacting you in the near future to discuss these matters further. However, if you have immediate questions, please contact me.”

The plaintiff negotiated the check enclosed with the March 9, 2000, letter. On April 5, 2000, the plaintiff filed a motion to enforce the settlement agreement after unsuccessfully attempting to resolve the issue of the unpaid portion of the settlement. The plaintiff alleged in his motion that his case was settled by CCR on behalf of Armstrong World Industries, Inc., The Asbestos Claims Management Corp., Certain-Teed Corp., GAF, Quigley Company, and United States Gypsum Company. He alleged further that the settlement documents provided by CCR were executed on February 17, 2000, and submitted for payment, that the settlement payment had not been made in full as agreed upon under the settlement, that disputes between members of CCR should not affect the settlement, and that a judgment for the full amount agreed to by CCR was sought against the corporations represented by CCR in forming the settlement agreement.

Those defendants still represented by CCR responded to the plaintiff’s motion by filing a memorandum with an affidavit from CCR’s special counsel (Hanlon affidavit) that explained CCR’s Producer Agreement, the functions and operation of CCR, and CCR’s relationship with GAF. The defendants still represented by CCR also submitted various exhibits, including the CCR Producer Agreement. GAF separately submitted memoranda, affidavits, and exhibits. On June 9, 2000, a hearing was held on the plaintiff’s motion before circuit court judge Nicholas Byron. At the hearing, both GAF and the defendant CCR members agreed that CCR entered into an oral settlement on December 2, 1999, with the plaintiff for a single sum. Both GAF and the current members of CCR agreed that CCR, as their agent, had the authority to represent and enter into a settlement on behalf of all of the named CCR defendants. CCR argued that the December 16 letter was the settlement agreement and that this agreement was ambiguous on its face regarding how the money was to be paid.

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Cite This Page — Counsel Stack

Bluebook (online)
773 N.E.2d 1277, 332 Ill. App. 3d 890, 266 Ill. Dec. 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pritchett-v-asbestos-claims-management-corp-illappct-2002.