Michael/ Lauren civil trial update February 9

[Virginia_Horse_Mom]

@SierraMist

No one on this forum needs to go on a “fishing expedition” for LK’s attorneys. In New Jersey “an insurer who receives a request, from an attorney admitted to the practice of law in this State, for disclosure of the policy limits under an insurance policy issued by the insurer to an insured, shall provide written disclosure of the policy limits to the attorney no later than 30 days from receipt of the request. The disclosure shall indicate the limits of all applicable insurance policies and any applicable umbrella or excess liability insurance policies issued by the insurer to the insured.”

Edit to add: This is done prior to suit being filed

Soooo, am I understanding you correctly in that you are saying that Nagel, before filing suit, would have determined who SGF LLCs insurer was, then sent a request for disclosure of the policy limits issued by this insurer to SGF LLC?

Ok. I’ll take your word for it that this occurred, and this is how things work in NJ in a civil suit situation.

But… I can’t help but notice, nowhere in your statement does it say who is obligated to pay SILVER’S fees. He’s representing SGF LLC in this litigation. Maybe the insurance company is paying his fees. Maybe not. It doesn’t seem like anyone knows for sure.

But apparently LKs side does know a bit about the policy limits when it comes to SGFs liability coverage.

ETA: Just saw @ekat ‘s comment. It seems like LKs side may not actually know squat about SGFs policy limits. Nice try though SM

[SierraMist]

@Virginia_Horse_Mom

I don’t who is paying Silvers bills. Nor do you. But if it’s an insurance company, they can certainly afford to pay for awhile longer and fight this out.

Generally, negotiations for settlement usually occur after discovery is complete - when all the parties have a better picture where they stand. In this case, in this forum, it’s all guesswork how this case may end up as no one here is a party to the lawsuit. There is a lot going on behind the scenes so to speak as you (g) are not privy to anything except for the published documents. Also, not everything learned in discovery is admissible in a trial.

[Sdel]

@SierraMist

Generally, negotiations for settlement usually occur after discovery is complete - when all the parties have a better picture where they stand. In this case, in this forum, it’s all guesswork how this case may end up as no one here is a party to the lawsuit

Mr. Silver has already had things to publicly say about settlement negotiations and where they stand. You must not have read the filings either…oh well, at least you seem to have company.

[SierraMist]

@ekat

That law was only broadened to include non-auto insurance policies in September, 2022, well after LK filed her suit. I don’t see anything in there that makes it retroactive. Can you provide a link?

Thanks.

It doesn’t have to be retroactive. They can request at any time. There were already rules in place about insurance disclosure before 2019. The new rule broadens that. Not limited to auto related.

[Virginia_Horse_Mom]

@SierraMist

Generally, negotiations for settlement usually occur after discovery is complete - when all the parties have a better picture where they stand. In this case, in this forum, it’s all guesswork how this case may end up as no one here is a party to the lawsuit. There is a lot going on behind the scenes so to speak as you (g) are not privy to anything except for the published documents. Also, not everything learned in discovery is admissible in a trial.

Didn’t Inigo already come on the forums and claim negotiations regarding settlement took place last July?

I think he did.

Maybe more settlement negotiations will take place once discovery is complete, as you say. Maybe not.

Question:

Do you think LK sitting down for a deposition and answering all sorts of questions is going to strengthen, or weaken, her case?

[Virginia_Horse_Mom]

@SierraMist

@ekat

That law was only broadened to include non-auto insurance policies in September, 2022, well after LK filed her suit. I don’t see anything in there that makes it retroactive. Can you provide a link?

Thanks.

It doesn’t have to be retroactive. They can request at any time. There were already rules in place about insurance disclosure before 2019. The new rule broadens that. Not limited to auto related.

Didn’t you just note in a previous comment it is done before a suit is filed?

[cutter99]

@CurrentlyHorseless

@Virginia_Horse_Mom

@CurrentlyHorseless

And what is an “independent gambling professional”?

A professional poker player?

I don’t know. I’m super curious though.

It might be a professional poker player.

It might be something else.

Maybe IM will speak up and offer personal insight. After all… it’s his resume and his Linked In profile. If there’s nothing to hide, then he might as well speak up about it all… right?

So you’re smearing him as an “independent gambling professional”, and you don’t even know what that means? But you assume, again, it’s associated with the mob? The Jewish mob?

There is nothing illegal or immoral about making money playing poker. I’m not sharp enough to succeed at it. Gambling by investing in the stock market is far easier.

If I were IM, (I’m not), I wouldn’t stoop to responding to your nasty insinuations.

And there you go once again @CurrentlyHorseless, putting words in people’s mouths. Words that have never been thought until you manufactured them, most likely with the movie in your head!

Nice reach, but once again, you missed!

[SierraMist]

@Virginia_Horse_Mom

Didn’t you just note in a previous comment it is done before a suit is filed?

Attorneys need to know before they file suit if there is insurance that could cover the event. Otherwise lawsuits would constantly be filed and then dismissed after taking up the court’s and attorney’s time.

[ekat]

@SierraMist

It doesn’t have to be retroactive. They can request at any time. There were already rules in place about insurance disclosure before 2019. The new rule broadens that. Not limited to auto related.

Here’s the statute that was enacted in 2022.

https://casetext.com/statute/new-jersey-statutes/title-39-motor-vehicles-and-traffic-regulation/chapter-396b-maintenance-of-motor-vehicle-liability-insurance-coverage/section-396b-11-insurer-to-provide-written-disclosure-of-policy-limits-circumstances-certain-requirements-for-request

Prior to then, the only law I can find on the books was specific to auto insurance.

https://law.justia.com/codes/new-jersey/2013/title-39/section-39-6a-13

Can you please provide your links that say differently? Thanks.

[Virginia_Horse_Mom]

@SierraMist

Attorneys need to know before they file suit if there is insurance that could cover the event. Otherwise lawsuits would constantly be filed and then dismissed after taking up the court’s and attorney’s time.

Then why your note to @ekat about how an attorney can request policy info at any time during a suit?

Are you saying that you don’t believe Nagel ever requested this info when first filing the suit? It seems like that would be unprofessional/incompetent on Nagel’s part in terms of representing LKs interests. Are you actually accusing him of that?

[SierraMist]

@Virginia_Horse_Mom

@SierraMist

Generally, negotiations for settlement usually occur after discovery is complete - when all the parties have a better picture where they stand. In this case, in this forum, it’s all guesswork how this case may end up as no one here is a party to the lawsuit. There is a lot going on behind the scenes so to speak as you (g) are not privy to anything except for the published documents. Also, not everything learned in discovery is admissible in a trial.

Didn’t Inigo already come on the forums and claim negotiations regarding settlement took place last July?

I think he did.

Maybe more settlement negotiations will take place once discovery is complete, as you say. Maybe not.

Question:

Do you think LK sitting down for a deposition and answering all sorts of questions is going to strengthen, or weaken, her case?

I have no idea. I haven’t read all the thousands of posts. Sometimes a small settlement is offered to see if the plaintiff will go away. That may be what happened.

I have no idea what the effect of LK’s deposition will be. However, I strongly feel that at the end of the day there’s no question of the defendants’ liability in the shooting of LK, and how that will be apportioned remains to be seen.

[SierraMist]

@Virginia_Horse_Mom

@SierraMist

Attorneys need to know before they file suit if there is insurance that could cover the event. Otherwise lawsuits would constantly be filed and then dismissed after taking up the court’s and attorney’s time.

Then why your note to @ekat about how an attorney can request policy info at any time during a suit?

Are you saying that you don’t believe Nagel ever requested this info when first filing the suit? It seems like that would be unprofessional/incompetent on Nagel’s part in terms of representing LKs interests. Are you actually accusing him of that?

The rules were broadened.

I have no doubt that Nagel already had the insurance info. I was replying before because I thought it was foolish for anyone to think any attorney would send some unknown person, via private messaging, on a fishing expedition into this forum, or anywhere on any social media, thinking they could somehow discover a defendant’s insurance policies. They have their own investigators, paralegals, etc. to assist in those type of things.

[Sdel]

@SierraMist

I was replying before because I thought it was foolish for anyone to think any attorney would send some unknown person, via private messaging, on a fishing expedition into this forum, or anywhere on any social media, thinking they could somehow discover a defendant’s insurance policies. They have their own investigators, paralegals, etc. to assist in those type of things.

No one was suggesting it was an attorney that sent them fishing….

[Virginia_Horse_Mom]

@SierraMist

The rules were broadened.

I have no doubt that Nagel already had the insurance info. I was replying before because I thought it was foolish for anyone to think any attorney would send some unknown person, via private messaging, on a fishing expedition into this forum, or anywhere on any social media, thinking they could somehow discover a defendant’s insurance policies. They have their own investigators, paralegals, etc. to assist in those types of things.

Well of course it would be foolish for an attorney to direct a fishing expedition like this.

But in case you hadn’t noticed, the Kanareks seem to wing it when it comes to many aspects of their case.

For instance, Jonathan Kanarek’s letter that was sent directly to Judge Sceusi’s email? Do you think an attorney directed him to do that?

I don’t.

[SierraMist]

@Sdel

@SierraMist

I was replying before because I thought it was foolish for anyone to think any attorney would send some unknown person, via private messaging, on a fishing expedition into this forum, or anywhere on any social media, thinking they could somehow discover a defendant’s insurance policies. They have their own investigators, paralegals, etc. to assist in those type of things.

No one was suggesting it was an attorney that sent them fishing….

Now you’re just being silly.

[Virginia_Horse_Mom]

[Sdel]

It seems like SierraMist is making the argument that any one in NJ who wants to target someone for a frivolous lawsuit or set up can have a compliant attorney just grub up insurance information on someone to see if they’d make a good target.

[Knights_Mom]

@SierraMist

@Virginia_Horse_Mom

Didn’t you just note in a previous comment it is done before a suit is filed?

Attorneys need to know before they file suit if there is insurance that could cover the event. Otherwise lawsuits would constantly be filed and then dismissed after taking up the court’s and attorney’s time.

That is absolutely not true at all.

[Virginia_Horse_Mom]

[Sdel]

Seriously, this insurance fishing policy is very interesting. The insurance has 30 days to respond huh? And it has to be done before the lawsuit was filed huh?

Well, the shooting was Aug 7th, 21 days in the hospital with parents too fixated on if LK was going to survive to think, and by Oct 18th the insurance already investigated and lawyers hired, case explained, brief written and filed… Well, that would be some timeline. Someone acted fast in order to cash in….

How did LK’s attorney know which insurance company to contact before any discovery could be done? (Office spelunking?)