Shaffer v. Insurance Company of North America

HOLOHAN, Justice.

Appellant Shaffers brought action against appellee Insurance Company of North America for breach of contract. Appellants made a timely demand for a jury trial. Prior to the trial date the parties entered into settlement negotiations which, according to appellee, culminated in a settlement. The attorneys for appellants had agreed to a settlement, but the so-called settlement was later repudiated by appellants.

Appellee filed a Petition for an Order to Show Cause why the matter should not be dismissed with prejudice because the action was settled. The superior court set a…