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by angel_g66 » Thu Jan 06, 2011 03:34 am

A DEFECTIVE RELEASE CAN EXPOSE THE ADJUSTER WHO TOOK THE RELEASE TO A CLAIM FOR DAMAGES.A RELEASE MAY BE DEFECTIVE DUE TO REASONS SUCH AS : EXCEPT(WHICH ONE IS EXCEPT)
1-GENERAL RELEASE IS USED WHICH DOES NOT CONTAIN AN IDENTIFICATION AGREEMENT
2-NOT ALL TORTFEASORS TO BE RELEASED ARE SPECIFICALLY NAMED
3-A GENERAL RELEASE IS USED TO SETTLE PROPERTY DAMAGE IN A NO FAULT STATE, WHERE THE ADJUSTER KNOWS THE RE LEASER IS ALSO BEING REIMBURSED FOR THE INJURIES BY HIS OR HER INSURER
4-ALTHOUGH LIABILITY IS CLEAR AND INJURY SEVERE, THE SETTLEMENT IS ONLY FOR DISCOMFORT AND INCONVENIENCE, BECAUSE ALL OF THE CLAIMANTS MEDICALS WERE PAID BY ANOTHER INSURER WHO HAS NO RIGHT OF SUBROGATION.

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