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If an insurer settles a claim it pays money to a policyholder for the occurrence of a loss or risk against which they were insured. Insurance companies use the premiums they receive not only to settle claims but also to generate additional income and profit by investing their funds in financial securities.
In summary, breaches of settlement agreements may lead to various legal implications such as pursuing claims, resorting to legal action, and incurring legal costs.
Generally, as a result of the settlement, prosecution of the action is withdrawn or dismissed without any judgment being entered (see nolle prosequi). In such cases, the settlement itself, as a binding contract between parties, prevents renewal of the litigation.
After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.
However, the most suitable relief for a breach of a settlement agreement would be specific performance as well as damages where a patrimonial loss has been suffered. Additionally, where a settlement agreement has been made an order of court, the breaching party can be held in contempt of court.
After the closing statement is finalized, the settlement funds will be disbursed. Typically, a check will be sent to your attorney's trust account within two weeks of the settlement date. Your attorney will then deduct any fees and expenses owed, such as medical fees, and disburse the remaining funds to you.
If a case settles after court proceedings have started, your lawyer will need to formally end court proceedings via a consent order. This document is drawn up and agreed by both parties and may incorporate the settlement terms. Your lawyer will advise if you need to be involved with any element of the order.