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Thread: Lawsuit Resolution

  1. #11
    Senior Member Alan Etheredge's Avatar
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    Reality check.

    It doesn’t take a plaintiff attorney (or a cynic, or a conspiracy theorist) to know that the vast majority of claims / litigation threats involving insured defendants are settled by the defendant's surety (insurer) under a confidential agreement short of a formal trial proceeding ….

    • Defendant sureties are motivated by managed risk, statistical odds, and dollars; not ‘justice’, ‘truth’, or 'vindication' (notions a surety has no obligation to defend for its client under most insurance policies).
    • Trials are expensive procedures and outcomes are notoriously risky / difficult to predict.
    • Many plaintiffs can be bought-off for less than the amount the surety predicts it has at risk in a trial proceeding.
    • Though the fact that sureties frequently buy-off plaintiffs is well known, settling sureties have every interest in keeping the exact terms (dollar amounts) of settlements secret from other / future claimants / plaintiffs against any and all of their insured clients.
    • Though defendants may not like that this ‘system’ does nothing to vindicate what they perceive as an unjust vilification of their character or 'good name', when faced with the choice between an insured settlement versus an expensive self-funded trial to publicly ‘clear their name’, the former is quite often the only pragmatic option in the end.

    Is that what happened in this case? Only a few know for sure, and they are now bound by a legal duty of confidence.

    But IMHO given that this matter is now closed, if the Club’s potentially significant legal costs, financial risks, and final 'resolution' were covered by its insurance / sureties (and that's a pretty safe assumption), at least insofar as this litigation threat itself that’s what matters at this point.

    As un-satisfying in some respects as that 'resolution' may be.
    Last edited by Alan Etheredge; 08-23-2018 at 10:22 AM.
    Alan Etheredge, Associate and Interested Observer
    At-Track Registration Staff ~2003-2017; CMRA Administrator 2009.

  2. #12
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    Retired.

    You know Alan, "you keep using that word but I do not think you know what it means" (in my best Indigo Montoya accent).

    And if you've never seen the Princess Bride, now that you're "retired", you should.
    Sometimes the journey is more important than the destination.
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  3. #13
    Senior Member Alan Etheredge's Avatar
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    Quote Originally Posted by Joseph Caruso View Post
    Retired.

    You know Alan, "you keep using that word but I do not think you know what it means" (in my best Inigo Montoya accent).
    Fixed that for ya (damned auto-correct)



    Alan's definition of "retirement" .....

    "Spending my time on what I choose, rather than on what others wish, request or demand."

    Yep, retired and lovin' it

    Alan Etheredge, Associate and Interested Observer
    At-Track Registration Staff ~2003-2017; CMRA Administrator 2009.

  4. #14
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    And there you have it folks! The King of the forum!

    Sometimes the journey is more important than the destination.
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  5. #15
    Joe I thought it was "Indigo" for years also..until about a year or so ago.....and when I order food from a young clerk and ask for name I say "Inigo Montoya" kids never get it but I hear chuckles in the crown when they call it out !

  6. #16
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    Quote Originally Posted by Danny Dominguez View Post
    Joe I thought it was "Indigo" for years also..until about a year or so ago.....and when I order food from a young clerk and ask for name I say "Inigo Montoya" kids never get it but I hear chuckles in the crown when they call it out !

    Inconceivable!
    Sometimes the journey is more important than the destination.
    Racing support: The Metric Garage

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