Opinion
No. CV07-5001624-S
May 12, 2009
MEMORANDUM OF DECISION
The plaintiff has filed a motion to enforce a settlement agreement pursuant to Connecticut General Statutes § 52-195c. The plaintiff claims that the defendant's attorney received her duly executed release and withdrawal "no later than March 21, 2009," apparently based on the fact that she sent said documents by UPS on Friday, March 20, 2009. The plaintiff claims that pursuant to § 52-195c the settlement check should have been at her attorney's office by April 20, 2009, but that the check did not arrive until ten days after that due date. Hence, the plaintiff claims statutory interest at 12% for ten days and also requests $2,500 in attorneys fees.
The defendant claims that the release and withdrawal were not received until Tuesday, March 24, 2009, and has submitted a sworn affidavit to that regard. The defendant does not dispute that the plaintiff received the settlement check on April 29, 2009. The defendant also claims that the delay was short and reasonable because of a variety of circumstances.
Connecticut General Statutes § 52-195c provides in pertinent part as follows:
Sec. 52-195c. Time period for payment of settlement amount. (a) When an action to recover damages has been settled, any settling defendant shall tender all sums due from such settling defendant to any settling plaintiff or such plaintiff's agent not later than thirty days after receipt by the person or office designated in writing to the settling plaintiff or such plaintiff's agent by the settling defendant at the time of settlement of a duly executed release and a withdrawal discontinuing any court action, if any such action is pending, that are tendered by such settling plaintiff or plaintiff's agent and are executed by or on behalf of the settling plaintiff.
(d) Any insurer or defendant with whom the settlement was reached that fails to tender settlement proceeds within the time limit set forth in this section shall be liable for interest at a rate of twelve percent a year on the amount of such settlement proceeds computed from the date such time limit expired.
(e) As used in this section, "tender" means either to personally deliver or cause to be delivered or to mail by registered or certified mail, return receipt requested. An insurer or a defendant may otherwise prove tender by presenting evidence that the settlement sums due from such insurer or such defendant were received by the settling plaintiff or such plaintiff's agent.
This court finds that at the time the release and withdrawal were received there was no dispute about the defendant's indebtedness to the plaintiff, and accordingly the plaintiff was entitled to receipt of the settlement check no later than thirty days after receipt by the defendant. See Douthwright v. Northeast Corridor Foundations, et al., 72 Conn.App. 319, 326 (2002). The court also finds that the defendant received said release and withdrawal on Tuesday, March 24, 2009, and therefore the settlement check was five days late. Accordingly, the plaintiff is entitled to five days interest at 12%, pursuant to General Statute § 52-195c. The court has not been persuaded that an award of attorneys fees is warranted.