#318104 - 12/16/09 02:52 PM
What do you think ?
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Member
Registered: 01/03/05
Posts: 325
Loc: Ontario, Canada
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What do you think a registrant will do if .....
They are being sued for damages in the amount of $2,500. and
Their error & omission insurance policy has a $2,500. deductible provision and
Their insurance company believes its better to settle the claim, rather then to go to trial
Will the registrant fight the claim themselves, or
Will the registrant hire a lawyer. or
Will the registrant simply get out their cheque book and write a cheque.
Personally, I would like to think that there are twenty-five hundred good reasons to avoid and/or reduce the elements of risk and that there are better ways in which one could spend their time and money. BE ALERT
Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant urisdiction to ensure accuracy before acting on this information .
Edited by Devil's Advocate (12/16/09 02:55 PM)
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#318675 - 12/20/09 04:20 PM
Re: What do you think ?
[Re: Devil's Advocate]
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Member
Registered: 11/09/05
Posts: 136
Loc: Toronto, Etobicoke, Mississaug...
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The costs of litigation and defense is very high. Given that the basic deductibles are at $2,500, When Lawyers sue; they sue all parties involved in the transaction. While you may have no direct input to the events that caused the lawsuit, I have witnessed some strange proportional liability decisions.
That said $ 2500 is cheap to be removed. Will the newly licenced paralegal be equipped to defend you against a seasoned trial lawyer?
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#318681 - 12/20/09 05:26 PM
Re: What do you think ?
[Re: DavidPylyp]
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Major Contributor
Registered: 04/12/08
Posts: 2508
Loc: Vermont's North-East Kingdom
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I'm not in a Canadian Province . . . . Is Vermont close enough? Their insurance company believes its better to settle the claim, rather then to go to trial Isn't that always their suggestion; especially when the Policyholder is paying 100% of the Freight ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont Where We're Always Striving To Put Together "THE FAIR DEAL"
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#318707 - 12/20/09 10:19 PM
Re: What do you think ?
[Re: Vermont]
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Member
Registered: 01/03/05
Posts: 325
Loc: Ontario, Canada
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One of the first questions a claims adjuster ask's himself, is "what is this going to cost us, minus the deductable" and then his decision is influenced by the remaining liability.
A $5,000 claim with a $2,500 deductable would only cost the insurance company $2,500 and they would probably go the settlement route.
One of the points I was trying to make was that any claim will probably end up costing a registrant money and on January 1, 2010 with the limit on Small Claims Court cases rising to $25,000 the number of claims involving real estate agents may increase.
Time will tell.
Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .
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Registered: 03/11/10
Posts: 5
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