Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.


This case arose out of a state law workers’ compensation claim. In 1989, Willie Williams brought a claim against SpartechFilms for workers’ compensation. Spartech Films had an excess indemnity policy issued by Midwest Employers CasualtyCompany (“Midwest”). In 1991, Spartech’s workers’ compensation payments to Mr. Williams ceased. Mr. Williams laterreceived a default judgment against Adams Plastics, Inc., from the Louisiana Office of Workers’ Compensation. AdamsPlastics did not pay the judgment. In 1997, Mr. Williams brought a direct action against Midwest as the insurer of AdamsPlastics to collect his default judgment. Midwest removed to federal court, where it then filed third-party demands againstSpartech Films and Adams Plastics, alleging that they failed to comply with the terms of their policies. Mr. Williams died in1998, and Jo Ann Williams (“Williams”) substituted in his place as plaintiff.

On June 7, 1999, Magistrate Judge Karen Hayes mediated a settlement between Williams and Midwest. After hours ofnegotiation, the parties drafted and signed a “Memorandum of Settlement Agreement” that included arrangements for paymentsby Midwest to Williams and assignments of rights by Williams to Midwest. Over the next month and a half, revised versions ofthe settlement agreement passed between the parties as disputes over the meaning of the agreed-to settlement intensified.During this time, Williams did not receive her insurance money from Midwest, even though Louisiana law requires an insurer “topay a settlement within thirty days after an agreement is reduced to writing,” [FOOTNOTE 1] and even though Wallace, in a letter to the court,had stated that Midwest had tendered the funds to Williams.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.

Learn More

GlobeSt. ELITE Women of Influence 2022 (WOI)

July 25, 2022 - July 27, 2022
Park City, UT

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More

African Legal Awards (AFLA) 2022

September 02, 2022

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Commercial Finance Associate (Flexible location)

Duane Morris LLP seeks two commercial finance associates to join its strong and growing 190+ lawyer Corporate Practice Group. The ideal cand...

Apply Now ›

Commercial Litigation Associate

Duane Morris LLP has an opening in its San Francisco office for a commercial litigation associate to join its team. The ideal candidate wil...

Apply Now ›

Labor & Employment Associate- California

Labor & Employment Associate (4-5 years of experience)HANSON BRIDGETT LLPNorthern California: San Francisco Bay Area, Sacramento AreaFle...

Apply Now ›



Raynes & Lawn is proud to congratulate Harold I. Goodman on the prestigious honor of Lifetime

View Announcement ›



IN MEMORIUM: With a profound sense of sadness, McCormick & Priore announces that Harry A Short, Jr., a preeminent products liability defense lawyer in Philadelphia with a career that spanned over sixty-five (65) years, passed away on June 14, 2022.

View Announcement ›



Starr Gern Davison & Rubin, PC. Attorneys at Law are pleased to announce that SHELLEY L. STANGLER, ESQ. has joined the firm as of Counsel.

View Announcement ›