Settlement Agreement Releases Defendant’s Employer if No Express Reservation of Rights

February 11, 2010
By Dane Ciolino

A compromise settlement between the plaintiff and the driver, owner and insurer of the offending car provided that plaintiff released “all other persons, firms and corporations” and did not expressly reserve plaintiff’s rights against other defendants. Held, the settlement released the driver’s employer and the employer’s insurer, where there is no allegation that the plaintiff was aware that the tortfeasor was in the course and scope of his employment when the accident occurred. Palmer v Walker, Fifth (La.) Circuit, No. 09-CA-756 (1/12/10).

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