(a) When an action to recover damages has been settled, any settling defendant shall tender all sums due from such settling defendant to any settling plaintiff or such plaintiff's agent not later than thirty days after receipt by the person or office designated in writing to the settling plaintiff or such plaintiff's agent by the settling defendant at the time of settlement of a duly executed release and a withdrawal discontinuing any court action, if any such action is pending, that are tendered by such settling plaintiff or plaintiff's agent and are executed by or on behalf of the settling plaintiff. If no such person or office is so designated, a settling plaintiff may tender such settlement documents to the settling defendant's attorney or the representative of the settling defendant's insurer with whom the settlement agreement was reached and such settling defendant shall tender all sums due from such settling defendant to any settling plaintiff or such plaintiff's agent not later than thirty days after receipt of such settlement documents by the settling defendant's attorney or the representative of the settling defendant's insurer.
(b) In an action that requires judicial approval of the settlement, the plaintiff shall also tender a copy of the order of the Probate Court or other order approving such settlement with the duly executed release and withdrawal discontinuing any pending court action executed on behalf of the plaintiff.
(c) In the event that a settling defendant or insurer fails to promptly tender all sums as required by subsection (a) of this section, a default judgment shall be entered by the court on behalf of any unpaid plaintiff against such defendant twenty days after such plaintiff files a motion for a default judgment with the court and serves such motion upon the representative of the insurer with whom the settlement was reached or the defendant with whom the settlement was reached. Such motion shall be accompanied by an affidavit executed by the plaintiff or the plaintiff's attorney setting forth the terms of such settlement with supporting documentation attached.
(d) Any insurer or defendant with whom the settlement was reached that fails to tender settlement proceeds within the time limit set forth in this section shall be liable for interest at a rate of twelve per cent a year on the amount of such settlement proceeds computed from the date such time limit expired.
(e) As used in this section, “tender” means either to personally deliver or cause to be delivered or to mail by registered or certified mail, return receipt requested. An insurer or a defendant may otherwise prove tender by presenting evidence that the settlement sums due from such insurer or such defendant were received by the settling plaintiff or such plaintiff's agent.
(P.A. 97-58, S. 3.)
Structure Connecticut General Statutes
Chapter 900 - Court Practice and Procedure
Section 52-185. - Bond or recognizance for prosecution.
Section 52-189. - Surety company bond acceptable.
Section 52-190. - Action on probate bond. Endorsement of writ.
Section 52-191. - Precedence of actions in favor of the state.
Section 52-191a. - Precedence of certain actions involving zoning ordinances and regulations.
Section 52-191b. - Precedence of proceedings involving planning commissions.
Section 52-191c. - Precedence of actions involving terminally ill persons.
Section 52-192. - Precedence of other cases in order of trial.
Section 52-192b. - Offers of judgment. Applicability.
Section 52-193. - Offer of compromise by defendant.
Section 52-194. - Acceptance of defendant's offer of compromise.
Section 52-195. - Effect of failure to accept defendant's offer of compromise.
Section 52-195a. (Formerly Sec. 52-256). - Unliquidated damages; tender.
Section 52-195c. - Time period for payment of settlement amount.
Section 52-196. - Motion to continue or postpone.
Section 52-197. - Motion for disclosure. Rules.
Section 52-198. - Disclosure; examination of officer of corporation.
Section 52-199. - Questions which need not be answered. Self-incrimination.
Section 52-200. - Disclosure not conclusive.
Section 52-201. - Action on nonnegotiable instruments; defense. Assignment.
Section 52-203. - Demand for receipt not to vitiate a legal tender.
Section 52-204. - Recovery of expenditures by husband or parent.
Section 52-205. - Court may determine order in which issues shall be tried.
Section 52-206. - Writings; admission of their execution.
Section 52-207. - Defense based on Sunday contract.
Section 52-208. - Reception of evidence objected to as inadmissible.
Section 52-209. - Argument of counsel; time limit.
Section 52-210. - Motion for nonsuit.
Section 52-211. - Refusal to set aside nonsuit; appeal.
Section 52-212. - Opening judgment upon default or nonsuit.
Section 52-212a. - Civil judgment or decree opened or set aside within four months only.
Section 52-215. - Dockets. Jury cases. Court cases.
Section 52-215a. - Jury of six in civil actions.
Section 52-216. - Deciding questions of law and of fact.
Section 52-217. - Violation of statute by minor.
Section 52-218. - Jury may try issues of fact in equitable action.
Section 52-219. - Claim for damages and equitable relief; separate trials.
Section 52-220. - Hearing in damages: When to jury.
Section 52-221. - Hearing in damages: Evidence. Notice.
Section 52-221a. - Hearing in damages: Proof of damages on defendant's failure to appear.
Section 52-222. - Verdict by nine jurors.
Section 52-223. - Jury may be three times returned to consider verdict.
Section 52-224. - Special verdicts. Jury to assess damages.
Section 52-225b. - “Collateral sources” defined.
Section 52-225c. - Recovery of collateral source benefits prohibited.
Section 52-225e. - Notice of settlement in excess of ten thousand dollars by insurer to claimant.
Section 52-225f. - Transfer of structured settlement payment rights prior to October 1, 2003.
Section 52-225g. - Transfer of structured settlement payment rights: Definitions.
Section 52-225h. - Transfer of structured settlement payment rights: Required disclosures to payee.
Section 52-225i. - Transfer of structured settlement payment rights: Approval.
Section 52-225j. - Transfer of structured settlement payment rights: Effect.
Section 52-225k. - Transfer of structured settlement payment rights: Procedure for approval.
Section 52-225l. - Transfer of structured settlement payment rights: General provisions.
Section 52-226. - Trial to the court. Special finding.
Section 52-226a. - Special finding that action or defense without merit and not in good faith.
Section 52-227. - Judgment for or against some of the parties only.
Section 52-228. - Judgment too large; remittitur; correction.
Section 52-228a. - Appeal from order of remittitur or additur.
Section 52-228b. - Setting aside of verdict in action claiming money damages.
Section 52-231. - Facts on which judgments found to appear on record.
Section 52-231a. - Filing of affidavit re other custody proceedings; visitation rights.
Section 52-232. - Judge to file memorandum of decision on demurrer.
Section 52-233. - Certification of statutory appeals taken to a judge.
Section 52-234. - Time for entering of justice appeals.
Section 52-235. - Reservation of questions of law.
Section 52-235a. - Declaratory judgment to determine orders of priorities.
Section 52-235b. - Proceedings stayed if attorney unable to appear.
Section 52-235c. - Referral to alternative dispute resolution program. Stay of proceedings in court.