Judge Nancy M. Bannon
Health care provider Style Acupuncture moved for summary judgment for over $3,000 in this action to recover assigned no-fault benefits. Insurer GEICO cross-moved to dismiss the complaint based on the parties’ stipulation of settlement. The parties entered into a written settlement in which Style agreed to discontinue all pending and future claims against GEICO. The court noted the particular claim on which this action was based was specifically listed in the stipulation, yet Style neither mentioned the settlement in its summary judgment motion nor opposed GEICO’s cross-motion. It concluded there could be no dispute the parties’ comprehensive and unambiguous settlement discontinued the instant action and relieved GEICO of any liability to Style in this action. Therefore, the court, on its own motion, amended GEICO’s answer to add the affirmative defenses of res judicata and release, and granted the motion. The court opined that because of the settlement agreement, Style could not reasonably claim prejudice or surprise by the amendment. Also, as Style failed to oppose GEICO’s motion, or even mention the settlement in its own papers, plaintiff offered no argument to the contrary.
