Manufacturer's Acquiescence Estops Challenge to Settlement Agreement

CHICAGO - An enforceable settlement agreement existed between an asbestos manufacturer and several personal injury claimants because the manufacturer's 'long-term acquiescence' to the conditions effectively ratified the agreement, an Illinois appellate court has ruled. Kulchawik, et al. v. Durabla Manufacturing Co., Nos. 1-05-1932 thru 1-05-1948, 1-05-1955 thru 1-05-1964, 1-05-2012 (Ill. App. Ct., 1st Dist., 2nd Div.).

On Feb. 27, Illinois' 1st District Appellate Court affirmed the Circuit Court of Cook County's finding that Durabla Manufacturing Co. is estopped from claiming that the company did not authorize the settlement because its president, David Moser, waited five or six months from when …