Home/Case Law/FEI YE vs. HUGO BOSS USA, INC, NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, Administered by AIG PROPERTY CASUALTY
Regular DecisionReconsideration

FEI YE vs. HUGO BOSS USA, INC, NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, Administered by AIG PROPERTY CASUALTY

Filed: Oct 16, 2018
San Bernardino
ADJ9865743

CompFox AI Summary

The applicant sought reconsideration of an order approving a Compromise and Release (C&R) settlement, alleging fraud and malpractice by his former attorney. The Appeals Board denied reconsideration, finding the applicant failed to prove fraud, mutual mistake, duress, or undue influence to set aside the C&R. Although the Board noted procedural concerns regarding the ex parte submission of the C&R by the applicant's former counsel after being dismissed, it concluded the applicant received due process at a subsequent hearing and failed to establish good cause to rescind the settlement. The applicant's petition was also subject to dismissal for lack of proper verification.

Full Decision Text1 Pages

The applicant sought reconsideration of an order approving a Compromise and Release (C&R) settlement, alleging fraud and malpractice by his former attorney. The Appeals Board denied reconsideration, finding the applicant failed to prove fraud, mutual mistake, duress, or undue influence to set aside the C&R. Although the Board noted procedural concerns regarding the ex parte submission of the C&R by the applicant's former counsel after being dismissed, it concluded the applicant received due process at a subsequent hearing and failed to establish good cause to rescind the settlement. The applicant's petition was also subject to dismissal for lack of proper verification.

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