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To: MulhollandDrive who wrote (44427)7/17/2003 6:18:51 PM
From: SmoothSail  Read Replies (1) | Respond to of 57110
 
Well, since it's a little slow around here today,
I thought I'd post this:

A major research institution has recently announced the discovery of the heaviest chemical element yet known to science. The new element has been tentatively named Governmentium. Governmentium has 1 neutron, 12 assistant neutrons, 75 deputy neutrons, and 224 assistant deputy neutrons, giving it an atomic mass of 312. These 312 particles are held together by forces called morons, which are surrounded by vast quantities of lepton-like particles called peons. Since governmentium has no electrons, it is inert. However, it can be detected as it impedes every reaction with which it comes into contact. A minute amount of governmentium causes one reaction to take over 4 days to complete when it would normally take less than a second. Governmentium has a normal half-life of 3 years; it does not decay, but instead undergoes a reorganization in which a portion of the assistant neutrons and deputy neutrons exchange places. In fact, governmentium's mass will actually increase over time, since each reorganization will cause some morons to become neutrons, forming isodopes. This characteristic of moron-promotion leads some scientists to speculate that governmentium is formed whenever morons reach a certain quantity in concentration. This hypothetical quantity is referred to as Critical Morass.



To: MulhollandDrive who wrote (44427)7/17/2003 7:16:16 PM
From: mph  Read Replies (2) | Respond to of 57110
 
the question is whether it's worthwhile to pursue the individual.

The insurance company cannot leave its insured exposed to additional litigation and walk away by paying the policy limits. (This gets into a whole discussion of insurance law,
but just take my word for it)

Ultimately, the claimant/plaintiff's lawyer must agree
to accept the available insurance in exchange for a release
of the insured and dismissal of the action.

If he's unwilling to do so, either because he wants to pursue the insured to judgment and thinks there may be assets out there or just feels like it, he can.

The carrier will have tendered the limits and been agreeable
to paying them all along, or pay them into court, etc.
This avoids the prospect of an eventual claim against the carrier for the excess of a judgment over the policy limits. (This is the area of "bad faith" law.)

Because the policy includes a duty to defend, the carrier must continue defending the insured to the end, because it cannot discharge its defense responsibility by tendering the limits.

The bottom line is that it is a foolish plaintiff's lawyer
who continues the litigation with a no asset defendant.
He is wasting time and money to go after a "turnip."

There is a lesson here for anyone with assets, though.

MAKE SURE AND MAINTAIN ADEQUATE INSURANCE PROTECTION.

If not, you may be the person whose assets are really exposed when a catastrophic injury has occurred and
the plaintiff's lawyer sets his eyes on your assets.

Also, in the area of motor vehicle insurance, your
UM/underinsured limits can't be higher than your liability limits.

And The UM coverages protect YOU!

EOS. (End of sermon:-)