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Opening Statements Begin In Gratton Lawsuit Trial

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Opening Statements Begin In Gratton Lawsuit Trial

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Old 01-14-2015, 12:39 PM
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Originally Posted by Jupiter Sunsation
Would you expect the insurance company to try an renege on payment if Carbonell is found to hire unqualified personnel? If you hire an unlicensed driver to drive your car then they would attempt to renege on paying any claim. Because it is a significant dollar amount involved you know the insurance company would want to take evasive action on paying.
Would your car insurance co do that to you if u were found to be wrong or drunk in a car accident. No they would pay ...where do you come up with this Sh $t lol
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Old 01-14-2015, 12:47 PM
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Sunsation you should call Mike A , with all the great info you have he might call you as a witness.
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Old 01-14-2015, 12:58 PM
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Sunsation, also in your spare time could you share with all of us in writing from any orgin. what constitutes a qualified DIVER not Doctor or EMT a diver.
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Old 01-14-2015, 01:07 PM
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I would think that if he is a diver he had to have some sort of training right? Who cares if he draws on others for a living..loser for everyone.
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Old 01-14-2015, 01:07 PM
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Originally Posted by Jupiter Sunsation
Would you expect the insurance company to try an renege on payment if Carbonell is found to hire unqualified personnel? If you hire an unlicensed driver to drive your car then they would attempt to renege on paying any claim. Because it is a significant dollar amount involved you know the insurance company would want to take evasive action on paying.
The Insurance Company's attorneys are most likely representing SBI in this case. SBI could of course hire their own counsel as well to "advise"' along the way, but SBI's CGL/liability/umbrella insurer will be doing the heavy lifting, as it ultimately their money at risk.

At this point it would be safe to assume that one or both parties to the suit thinks this is a slam dunk, or that settlement and subrogation attempts have failed, and they have no other recourse but to fight all claims.
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Old 01-14-2015, 01:14 PM
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There is no way for this to end well... No waiver in the world will stop a grieving family as well as high powered attorneys from coming after every last collectible entity in line.

It's sad he died. He was far to young to leave us. The sport of offshore racing is in big trouble. If it's not political issues or sanctioning bodies, it's racers, or lawyers, or something..

Sad indeed... Like i said.. no way for this to end well.

Tom
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Old 01-14-2015, 01:26 PM
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Originally Posted by Xtremeracing
Would your car insurance co do that to you if u were found to be wrong or drunk in a car accident. No they would pay ...where do you come up with this Sh $t lol
Are YOU kidding??? Insurance Co. will try anything to get out of paying a big claim. NOTE, I said big clam...They are scum, they take your money, and when it comes time to pay, they fight to the death with there even lower legal teams... That is why there are so many civil suits...Insurance Co. try to weasel, yes weasel out of paying. Even if they can delay paying.. they do.
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Old 01-14-2015, 01:36 PM
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Did any of the helicopter divers jump into the water to try to rescue?
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Old 01-14-2015, 01:36 PM
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The insurance is named on the suit so the judges rules will be inforced. I'm sure they have the right to appeal.
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Old 01-14-2015, 01:56 PM
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I have no dog in this fight, but I did some racing back in the 80's. I have a few "legal" oriented questions, and I am by no means SBI or Carbonell advocate. (I will restrain my comments RE; Carbonell and SBI, it's no secret) All the respect to the Gratton family an everyone else passed in misc. incidents. However, at fault, blame and negligent issues. Not familiar with the contract that SBI provides to the racers, but in order to be legally liable, and let's face it, this is a sort of "private" endeavor and LLC, what laws were broken.? What statutes govern boat racing. I'm not questioning what should have been done, who should have done what. What was in the contract,? what was represented by SBI,? verbally which would be assurance but not contractual to the racers. Again, by no means I condone or protect SBI and things that took place. How does anyone know that something "should have happened faster" or better or by some one else? It's a tragic accident, not the first, but what laws were broken? My condolences to the families and I done the NY day Gratton run every year but this one, but these type of law suits are just BS and lawyers ego driven. I'm sure every racers knows what they getting into at the start. I would be interested to see a copy of the race contract assuring what, who, type of training etc, they are to expect. If it wasn't provided is it a breach of contract? Did SBI/Carbonell broke the law? or were they just stupid? It's a "law suit". explain the "law" part to me some one. Not want to open a can of worms and go into a debate on this, I just not sure of all this reasoning.

Last edited by PARADOX; 01-14-2015 at 01:59 PM.
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