Skip to comments.Trayvon Martin's parents settle wrongful death suit 'for more than $1 million'
Posted on 04/05/2013 5:34:38 PM PDT by InMemoriam
Trayvon Martin's parents have settled a wrongful death claim, reportedly for more than $1 million, against the Florida homeowners association where their son was killed.
Under the terms of the settlement, Trayvon's parents, Sybrina Fulton and Tracy Martin, agreed to drop their wrongful death claim as well as claims for pain and suffering, loss of earnings and expenses.
[little more at link]
(Excerpt) Read more at dailymail.co.uk ...
Crump asked that the agreement remain confidential. However, the court has decided that there is no reason for the agreement to remain confidential, and is giving Crump 10 days to appeal that decision.
We have learned, that the homeowners association’s insurance company did not have to pay out a claim on the case.
I've never understood why you sue someone who has basically nothing!
Zimmerman needs to sue the Attorney General who is pushing this farce.
Zimmerman should not be persecuted because Florida’s cowardly Attorney general wants to stop a black riot.
Now why would Crump settle and file this right now?
1) Price goes down as it becomes clearer each day that there really is no case against GZ, especially as W8 continues to unravel (and who knows this better than Crump?);
2) Crump wants to publicize his representation of the Martins to provide a rationale for why he shouldn’t be deposed (because O’Mara just filed an appeal to overturn Nelson’s ruling in Crump’s favor).
Insurers don’t settle for more than their policy limits, in this case said to be $1 million. Thus headlines about “for more than $1 Million” are self-evidently false, likely straight from the mouth of spindoctor Crump. Could Crump have actually settled for peanuts to give him something to announce? It’s not as if his career rides on avoiding deposition...
Maybe they don't have dec. actions in your neck of the woods. But if there is a coverage dispute -- not typically an issue of liability, but of policy terms or of rival claimants for the policy benefits, the statutorily prescribed action for the insurance company is to file a dec. action.
Looks like this is a "rival claimants" situation - iirc, Trayvon's parents have been divorced for some time, and it appears that the father (at least at the time) had custody. So there is probably a legal issue of whether the mother had the right to seek damages for wrongful death for a child of whom she was not the custodian. Don't know FL law, but in GA this would be an issue if the insurer paid the mom and the dad turned out to be the proper party to file the claim (or they were required to file the claim jointly). If the insurer does NOT file a dec. action and pays the wrong party, they have to pay all over again. Now there's a bad business decision for you!
From R4F's post, I see that the "weasel" was the mom, who filed a claim for an insurer outside that insurer's policy period.
You can't get insurance coverage for an incident outside the policy period. That's not what the insurer contracted for.
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