Davis v. Government Employees Insurance

KELLY, J.:

¶ 1 In this appeal we must determine whether Lambert v. McClure, 407 Pa.Super. 257, 595 A.2d 629 (Pa.Super.1991), decided four months after the parties executed a valid release agreement, should be applied retroactively to invalidate that agreement. We hold that the rule in Lambert does not affect the instant release, because under applicable Pennsylvania law, cases given “retroactive effect” apply only to future cases and pending cases in which the issue has been properly preserved. We further hold that Appellants failed to show the existence of any mutual mistake of law or fact,…