I would be surprised if the judge willingly goes along with this.
Plus, this opens up a whole lot of issues. Does the judge owe the trucking company a duty of good faith? Is he required to obtain, or attempt to obtain, releases? Can he refuse settlement and then then, if it happens, be held liable for an excess verdict? Can the judge honor the first fully documented excess wrongful death claim that walks in the door, and short-change the rest of the potential claimants, with impunity?
Can he do all of those things….I suppose he could. Will he, I doubt it. They may not get a way with it, the judge may reject the idea for some of the resasons you point out. At the end of the day someone (probably a court) will have to decide how to split the $5 mill among the injured parties. The question becomes who pays for that process. Lancer knows they will pay policy limits one way or another, they are wisely trying to avoid the legal cost related to it. Regardless of weather they get away with it, it is a great idea.
I have obtained a copy of the original complaint. Talk about brass….
Lancer basically admits that it doesn\’t want to deal with all of the claims on behalf of their insured. So, not only do they want the court to accept the money and act as their \”TPA\” in settling the claims; and to force each and every claimant to hire an attorney whetehr they needed one or not to get their claim paid; at then end of their \”prayer\”, they actually ask for the court to award them attorneys fees to taking the time and effort to file the petition!
I think your last comment, WOW! sums it up pretty well! That is big brass! I am guessing thats not going fly. It may well be a good idea pushed to the point of foolishness.
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Great way to avoid millions in defense costs! Park the money with goverment, walk away and let the battles begin,…with out you! Well played!
I would be surprised if the judge willingly goes along with this.
Plus, this opens up a whole lot of issues. Does the judge owe the trucking company a duty of good faith? Is he required to obtain, or attempt to obtain, releases? Can he refuse settlement and then then, if it happens, be held liable for an excess verdict? Can the judge honor the first fully documented excess wrongful death claim that walks in the door, and short-change the rest of the potential claimants, with impunity?
Can he do all of those things….I suppose he could. Will he, I doubt it. They may not get a way with it, the judge may reject the idea for some of the resasons you point out. At the end of the day someone (probably a court) will have to decide how to split the $5 mill among the injured parties. The question becomes who pays for that process. Lancer knows they will pay policy limits one way or another, they are wisely trying to avoid the legal cost related to it. Regardless of weather they get away with it, it is a great idea.
I have obtained a copy of the original complaint. Talk about brass….
Lancer basically admits that it doesn\’t want to deal with all of the claims on behalf of their insured. So, not only do they want the court to accept the money and act as their \”TPA\” in settling the claims; and to force each and every claimant to hire an attorney whetehr they needed one or not to get their claim paid; at then end of their \”prayer\”, they actually ask for the court to award them attorneys fees to taking the time and effort to file the petition!
Wow!
Chris,
I think your last comment, WOW! sums it up pretty well! That is big brass! I am guessing thats not going fly. It may well be a good idea pushed to the point of foolishness.
Thanks!