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To: Thomas Barnes who wrote (1074)6/19/1998 8:56:00 AM
From: Lazarus  Read Replies (3) | Respond to of 7039
 
Everybody have a good day...will not posts here again today...

...maybe never

I think I have made my position clear.

Lazarus



To: Thomas Barnes who wrote (1074)6/19/1998 11:57:00 AM
From: Binder  Respond to of 7039
 
I would think that the TA IS being investigated, since he IS an affiliate, and whether or not there is E & O coverage, or who the carrier may be is unknown to me. Full recovery is not likely, however, because the TA is probably only partially liable, and the amount of any settlement awarded will be limited to the extent of his liability. More clearly, if a judge determines that this is 50% the TA, and 50% Dan, the TA will only be responsible for 50% of the total damages.

The important words to remember here are "court" , "judge", etc. This is because any attempt to collect, especially from an insurance carrier, would require hiring an attorney, going to court, proving guilt on behalf of Fisher AND the TA, going thru the appeals process(es) when they lose, actually collecting the money, paying the legal fees, defending the money against any IRS claim or lein, and returning whatever is leftover (which remember would only be a portion of the damages) to the Midland treasury. In my opinion, a lot of trouble and expense for only partial payment. But the big problem with this approach is that once we take that insurance settlement, we waive any claim to future settlement. More plainly put, we will get partial recovery, (which will go thru several hands before ever coming to us), but if and when Fisher is caught and the money returned, the insurance company is the one who has the legal right to the money.

Not a very good deal if you ask me.

:-)
Binder

Just my opinion,