tag:blogger.com,1999:blog-13073631.post1840561264694248592..comments2024-01-04T07:21:18.243-05:00Comments on John In Carolina: Duke filing against insurer in connection with lax suitsUnknownnoreply@blogger.comBlogger5125tag:blogger.com,1999:blog-13073631.post-45679191317012966022008-12-03T10:50:00.000-05:002008-12-03T10:50:00.000-05:00To Anon @ 9:51,Thanks for combining a very helpful...To Anon @ 9:51,<BR/><BR/>Thanks for combining a very helpful piece of editing with some nice words for me.<BR/><BR/>I appreciate your help to me and others who'll read the post.<BR/><BR/>Best,<BR/><BR/>JohnJWMhttps://www.blogger.com/profile/08275423713054782480noreply@blogger.comtag:blogger.com,1999:blog-13073631.post-61982959368488005572008-12-03T09:51:00.000-05:002008-12-03T09:51:00.000-05:00John - I love your work, but you have some factual...John - I love your work, but you have some factual errors in your writeup.<BR/><BR/>The "McFadyen et al lawsuit" (3 plaintiffs) is being managed by the attorney R. Ekstrand.<BR/><BR/>The "Carrington et al lawsuit" (38 plaintiffs) is being managed by the attorney C. Cooper.<BR/><BR/>Keep up the good work.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-13073631.post-64702748935842720582008-12-02T17:21:00.000-05:002008-12-02T17:21:00.000-05:00You two guys offer articulate, literate, informati...You two guys offer articulate, literate, informative and yes Jim, facinating comments. Thank you from a regular reader for the time and effort you take to make them. Steve in New MexicoAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-13073631.post-82648746088726590042008-12-02T16:17:00.000-05:002008-12-02T16:17:00.000-05:00This is an intriguing development in the Lacrosse ...This is an intriguing development in the Lacrosse case.<BR/><BR/>Jurisdictions of which I have knowledge prohibit insurers from covering or defending against claims for intentional wrongs. <BR/><BR/>This prohibition if for obvious policy reasons. If you could insure in advance for committing an intentional wrong, you could "buy" the right to do a wrong. (This was done in Medieval times through purchase from the Church of advance dispensations for sins the purchaser intended to commit. It is frowned upon here.)<BR/><BR/>The insurer would not have lightly refused to pay defense costs in a case like this. Thus, they must have a reason, and a good reason. <BR/><BR/>Discovery in the insurance case, which will begin very soon, will be fascinating.<BR/><BR/>Jim PetersonJim in San Diegohttps://www.blogger.com/profile/07032079086884503680noreply@blogger.comtag:blogger.com,1999:blog-13073631.post-10507769639704237302008-12-02T14:20:00.000-05:002008-12-02T14:20:00.000-05:00There is one aspect of this latest lawsuit which s...There is one aspect of this latest lawsuit which should be very interesting to those of us following this unfolding situation.<BR/><BR/>In the civil rights suit brought by the players against various defendants, the defense lawyers, as I recall, were successful in getting a ruling that discovery (depositions, production of most documents, etc.) will be postponed until the judge rules on the defendants' summary judgment motions. <BR/><BR/>The judge will decide which, if any of the plaintiffs' claims do not make out a legal basis upon which recovery can be based. If some of the claims are dismissed as a matter of law, depositions and discovery of documents will be limited to the surviving claims and defendants.<BR/><BR/>The civil rights suits are breathtaking in their complexity and length, so it may take and judge and his law clerks awhile to make a ruling.<BR/><BR/>However, as to Duke's claims against its insurance carrier, one of the company's main defenses, I expect, will be that the misdeeds of Duke officials triggered an exclusion to the policy, so it does not cover Duke. <BR/><BR/>What makes this defense interesting is that to determine exactly what the Duke officials did, the insurance company should be able to depose the Duke officials and employees and obtain copies of relevant documents. Ultimately, copies of some depositions may be filed with the court clerk, meaning that they will be available for public review.<BR/><BR/>It's likely that a copy of the policy is attached as an exhibit to Duke's lawsuit. An examination of it would show what acts are excluded from coverage.Ex-prosecutorhttps://www.blogger.com/profile/02452419035924029993noreply@blogger.com