- 17 - Archambo v. Lawyers Title Ins. Corp., 646 N.W.2d 170, 177 (Mich. 2002); UAW-GM Human Res. Ctr. v. KSL Recreation Corp., 579 N.W.2d 411, 418 (Mich. Ct. App. 1998). The settlement agreement at issue here contains in paragraph 14.0 an express integration clause to the effect that “This Settlement Agreement contains the entire agreement between the Plaintiffs and the Defendants with regard to matters set forth in it”. Moreover, the estate has at no time so much as raised any allegation of sham, fraud, illegality, or mistake. Accordingly, the Court concludes that none of the threshold exceptions enumerated by the Michigan courts are extant on these facts and, thus, that application of the parol evidence rule will turn on the presence or absence of ambiguity. Respondent’s primary position in this litigation is that unambiguous language of the settlement agreement afforded to decedent the sole beneficial interest in the annuities and establishes that her claims provided the sole consideration for those periodic payments. The estate counters that the terms of the agreement are susceptible to a reading under which all plaintiffs held joint beneficial interests in all payments to be made thereunder and all of their claims collectively provided the consideration for any and all relief to be paid. While the Court rules infra that both the settlement agreement itself and the totality of the evidence in the recordPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011