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?