MB update

[ekat]

@Virginia_Horse_Mom

You are all over this. I was just wondering about MB Dressage LLC… because technically, that is the party that leased Sweet Grass Farms LLC for the purposes of running MB’s business at the farm.

I wonder what the Va legal strategy was for LK to just go immediately after SGF LLC with a lawsuit back in 2019, bypassing MB Dressage LLC?

It’s one of the things that has bugged me about the civil suit. Why sue SGF and not MB dressage? It makes no sense to me.

[ekat]

@Sdel

She claims MB didn’t own the farm?

She also claims she was medivac’d so…

[SierraMist]

@Sdel

@SierraMist

Sometimes it’s wiser to cut one’s losses. Lawsuits based on principal are a money drain. I’d let the insurance company (if any) handle it and move on with my life. But that’s me.

Just to make sure everyone is clear: Sierra Mist is claiming MB should leave his fate in the civil case to be determined by a third party agency that has none of his interests at heart. And he should be cool with it if they leave him high and dry and cause him to lose everything to protect their interests.

I said nothing of the sort. The reason for insurance is so that you DON’T lose everything. Why would an insurance carrier leave their insured high and dry? Attorneys for insurance companies will fight vigorously for their insured and their own interest. But many times after discovery is complete, they have to make the decision on whether it’s economically feasible to continue on to an expensive trial or attempt settlement. They remove the emotion from the decision.

[Sdel]

@SierraMist

Attorneys for insurance companies will fight vigorously for their insured and their own interest. But many times after discovery is complete, they have to make the decision on whether it’s economically feasible to continue on to an expensive trial or attempt settlement. They remove the emotion from the decision.

No they don’t. The protect themselves and their profits first and foremost. MB is most certainly better off not settling and an insurance company wouldn’t hesitate to sell him down the river.

[Virginia_Horse_Mom]

@ekat

It’s one of the things that has bugged me about the civil suit. Why sue SGF and not MB dressage? It makes no sense to me.

There was a lot of commentary online earlier (back in 2019 and 2020) about how the elderly couple that were the other half of SGF were somehow sympathetic to LK. They allegedly invited her to stay on at the property, etc etc.

Maybe team K thought that a settlement was more likely with SGF because of these folks’ stake in it…

[ekat]

@Virginia_Horse_Mom

Maybe team K thought that a settlement was more likely with SGF because of these folks’ stake in it…

But back then, before it was dissolved, MB was most assuredly a partner in SGF, when she filed the suit.

[SierraMist]

@Virginia_Horse_Mom

@ekat

It’s one of the things that has bugged me about the civil suit. Why sue SGF and not MB dressage? It makes no sense to me.

There was a lot of commentary online earlier (back in 2019 and 2020) about how the elderly couple that were the other half of SGF were somehow sympathetic to LK. They allegedly invited her to stay on at the property, etc etc.

Maybe team K thought that a settlement was more likely with SGF because of these folks’ stake in it…

Maybe SGF, and possibly RC, the only ones with insurance.

[Virginia_Horse_Mom]

@SierraMist

I said nothing of the sort. The reason for insurance is so that you DON’T lose everything. Why would an insurance carrier leave their insured high and dry? Attorneys for insurance companies will fight vigorously for their insured and their own interest. But many times after discovery is complete, they have to make the decision on whether it’s economically feasible to continue on to an expensive trial or attempt settlement. They remove the emotion from the decision.

But, didn’t you just argue that with two gunshots to the chest, it was a foregone conclusion she would be offered some sort of a settlement by an insurance company?

[Virginia_Horse_Mom]

@SierraMist

Maybe SGF, and possibly RC, the only ones with insurance.

What insurance of RCs would cover her in this situation? She was a client at the facility? It didn’t have anything to do with her professional practice.

[ekat]

@SierraMist

Maybe SGF, and possibly RC, the only ones with insurance.

SGF’s insurance contains an indemnification clause indemnifying them against a whole lot of everything that MB did individually and through Michael Barisone Dressage. That’s actually in the civil suit filing. And, at the time of the filing of the suit, MB was a partner in SGF. So, it still makes zero sense to not sue Michael Barisone Dressage.

[ekat]

@Virginia_Horse_Mom

What insurance of RCs would cover her in this situation? She was a client at the facility? It didn’t have anything to do with her professional practice.

That she was retired from…and probably didn’t cover trucking a gun to Jersey when she wasn’t retired.

[SierraMist]

@Sdel

@SierraMist

Attorneys for insurance companies will fight vigorously for their insured and their own interest. But many times after discovery is complete, they have to make the decision on whether it’s economically feasible to continue on to an expensive trial or attempt settlement. They remove the emotion from the decision.

No they don’t. The protect themselves and their profits first and foremost. MB is most certainly better off not settling and an insurance company wouldn’t hesitate to sell him down the river.

You don’t know that. Maybe MB would be better off mentally if the insurance company dukes it out with the plaintiff. Who knows, maybe an insurance company would go the distance in a trial. As someone else mentioned, it’s quite possible.

[ekat]

@SierraMist

You don’t know that. Maybe MB would be better off mentally if the insurance company dukes it out with the plaintiff. Who knows, maybe an insurance company would go the distance in a trial. As someone else mentioned, it’s quite possible.

question, if his professional insurance insured MB Dressage, LLC, and MB Dressage LLC is not a party to the suit, which insurance policy is going to cover him?

[Virginia_Horse_Mom]

@SierraMist

You don’t know that. Maybe MB would be better off mentally if the insurance company dukes it out with the plaintiff. Who knows, maybe an insurance company would go the distance in a trial. As someone else mentioned, it’s quite possible.

Yeah… they might fight it out on his behalf.

But, again, didn’t you start this whole discussion of insurance by pointing out that with two gunshots to the chest, it’s super likely an insurance company is just going to try and settle with LK, and that it’s a good thing the verdict was NGRI, because it makes it harder for his professional insurance to avoid paying out?

[SierraMist]

@Virginia_Horse_Mom

@SierraMist

I said nothing of the sort. The reason for insurance is so that you DON’T lose everything. Why would an insurance carrier leave their insured high and dry? Attorneys for insurance companies will fight vigorously for their insured and their own interest. But many times after discovery is complete, they have to make the decision on whether it’s economically feasible to continue on to an expensive trial or attempt settlement. They remove the emotion from the decision.

But, didn’t you just argue that with two gunshots to the chest, it was a foregone conclusion she would be offered some sort of a settlement by an insurance company?

Yes, in all likelihood an insurance company would offer a settlement based upon the grave injuries to LK caused by MB.

[SierraMist]

@Virginia_Horse_Mom

@SierraMist

You don’t know that. Maybe MB would be better off mentally if the insurance company dukes it out with the plaintiff. Who knows, maybe an insurance company would go the distance in a trial. As someone else mentioned, it’s quite possible.

Yeah… they might fight it out on his behalf.

But, again, didn’t you start this whole discussion of insurance by pointing out that with two gunshots to the chest, it’s super likely an insurance company is just going to try and settle with LK, and that it’s a good thing the verdict was NGRI, because it makes it harder for his professional insurance to avoid paying out?

Yes. And I was also wondering if MB even carried insurance. He seemed to let a lot of things go after the split with his wife. Although he mentioned insurance expense in his text messages to MHG.

[ekat]

@SierraMist

Yes. And I was also wondering if MB even carried insurance. He seemed to let a lot of things go after the split with his wife. Although he mentioned insurance expense in his text messages to MHG.

For MB Dressage LLC, the not a defendant in the suit party, perhaps?

[MHM]

@3PonyFarm

I liked the suggestion of geese as protectors however in Loxahatchee are alligators an issue? I know someone who has a small 5 acre farm there for their 8 horses and sometimes alligators are spotted. This person has lost a cat and a small dog already. Would a gator be scared of geese or just eat them? Thankfully that is one critter I don’t have to worry about.

I don’t know who comes out on top between geese and alligators, but alligators are absolutely an issue everywhere in South Florida. I would not dip a toe in a puddle there, just to be on the safe side.

[SierraMist]

@ekat

@Virginia_Horse_Mom

What insurance of RCs would cover her in this situation? She was a client at the facility? It didn’t have anything to do with her professional practice.

That she was retired from…and probably didn’t cover trucking a gun to Jersey when she wasn’t retired.

She still had an active license in 2019. But again, because she pleaded guilty to the gun charges, her insurance probably wouldn’t pay. Sometimes a person’s home general liability coverage will pay when the insured causes some kind of damage to another person.

[3PonyFarm]

Yikes!