After Settling Civil Suit, May Plaintiff Seek Damages For Fraud Without First Rescinding Settlement?
When Defendant Did Not Disclose Possible Insurance Coverage Robert Berry et al. v. Javitch, Block & Rathbone, L.L.P., Case no. 2009-1507 8th District Court of Appeals (Cuyahoga County) ISSUE: When the plaintiff in a civil lawsuit has entered into a settlement agreement with the defendant, but later claims that it was fraudulently induced to accept the settlement, is the plaintiff required by Civil Rule 60(B)(3) to rescind the settlement agreement and return the compensation it received from the defendant before it may seek additional damages based on fraud? BACKGROUND: In this case, Robert and Diane Berry sued the Cleveland law firm of Javitch, Block and Rathbone for malpractice that allegedly occurred between October 1998 and October 1999. During discovery in that case, the Berrys submitted an interrogatory demanding that Javitch disclose to them the company name and policy number of “each and every insurance policy that may cover your alleged liability in this action.” In his respons
