White v. Dover Bay Specialty Insurance Company
2:23-cv-05110
E.D. La.May 2, 2025Background
- Plaintiffs Kirk White and Tanya White filed a damages lawsuit, which was removed to federal court by defendant Dover Bay Specialty Insurance Company.
- The parties participated in mediation and signed a written settlement agreement, which was notarized and included payment terms.
- Defendant paid the agreed settlement amount ($12,500), and plaintiffs initially accepted and deposited the check.
- Plaintiffs later attempted to reopen mediation, claiming they believed the settlement was unfair after reconsidering their damages.
- The court held an evidentiary hearing to determine if the settlement agreement was valid and enforceable under Louisiana law.
- Plaintiffs returned the settlement funds before the hearing, and testified about their understanding and intent regarding the agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Settlement | White alleged he wanted to reopen the agreement, believing it was unfair after signing. | Dover Bay argued a valid, written, and signed settlement existed and had been fulfilled. | The parties entered into a valid, enforceable settlement; plaintiff's dissatisfaction after signing is not grounds for invalidation. |
| Effect of Plaintiff's Change of Heart | White argued for invalidation due to reconsideration and dissatisfaction with the settlement amount. | Dover Bay argued that a change of mind or bad bargain is not cause to undo a binding agreement. | Court held a change of heart or belief of unfairness is insufficient to rescind a valid settlement. |
| Claims of Fraud or Duress | Plaintiffs denied signing under fraud or duress, but challenged enforcement. | Dover Bay argued no evidence supported claims of fraud, duress, or other vitiating factors. | No fraud or duress found; consent was valid and informed. |
| Enforceability of Settlement Under Louisiana Law | White questioned if the agreement met legal standards for enforceability. | Dover Bay maintained that all contractual elements under state law were satisfied. | Court found all elements satisfied—offer, acceptance, written instrument, and mutual intent. |
Key Cases Cited
- Suire v. Lafayette City-Par. Consol. Gov’t, 907 So. 2d 37 (La. 2005) (party seeking to rely on a compromise bears the burden to show intent to settle)
- Maggio v. Parker, 250 So. 3d 874 (La. 2018) (compromise instrument governed by general contract rules)
- Read v. Willwoods Cmty., 165 So. 3d 883 (La. 2015) (requires a meeting of the minds for contracts)
- Joseph v. Huntington Ingalls Inc., 347 So. 3d 579 (La. 2020) (courts do not relieve parties of bad bargains)
