American Progressive Health Insurance v. Chartier

This action was instituted in 1952 to recover insurance premiums allegedly due plaintiff. While the action was pending a settlement was reached and a stipulation of discontinuance, containing the terms of settlement, was signed by the respective parties and their attorneys and filed with the clerk on January 3, 1953.

Now, more than five years later, defendant seeks, by motion, to enforce the stipulation. The terms of the settlement were somewhat involved. In addition to providing for reciprocal payments between the parties, a formula was set up for the computation of dividends to be paid by…