Releasing Party Limitations: A Case Study
Released Parties: PAUL WATKINS, ANNETTE WATKINS, THE TRUMBULL INSURANCE COMPANY, a member of the Hartford Group of insurance companies (“the Hartford”); and all and any officers, directors, members, related corporations and entities, predecessors, successors, employees, representatives, agents, attorneys, heirs, trustees, assigns, insurers, and reinsurers of each (hereinafter referred to as the “Released Party”).
A. On or about August 23, 2014, on Maryland Route 404 (Queen Anne’s …show more content…
The Releasing Party desires to execute this Release to fully settle and discharge all of his claims and actions, including all claims that he has or will possess for damages that allegedly arose out of or due to the Occurrence, on the terms and conditions set forth in this Release.
D. The Releasing Party further desires to execute this Release to fully settle and discharge all claims and actions of the Releasing Party for damages that allegedly arose out of or due to Jeffrey Williams’s injuries from the Occurrence, including but not limited to incurrence of medical bills for Jeffrey Williams’s care, on the terms and conditions set forth in this Release.
E. The Releasing Party and his counsel have accurately disclosed to the Released Parties that (i) Jeffrey Williams has not been a Medicare beneficiary to the date of this Release, (ii) Neither Jeffrey Williams nor any person on her behalf has made any claim for Medicare benefits, (iii) Medicare has not made any conditional payments on behalf of Jeffrey Williams for the alleged injuries in the Occurrence; and (iv) that Medicare is not considering any conditional payments on behalf of Jeffrey Williams for the alleged injuries in the Occurrence.
NOW THEREFORE, the Releasing Party agree as …show more content…
The Releasing Party represent that he has the legal capacity to enter into this Release on his own behalf.
6.2. Each party shall bear his/her/its own attorney’s fees and costs relating to the claims made as a result of the Occurrence.
7.0. Applicable Law: This Release is entered into in the State of Maryland and is to be governed by and construed under the laws of the State of Maryland and the laws of the United States to the extent they preempt or supersede the law of the State of Maryland.
8.0. Future Cooperation: The Releasing Party agrees to cooperate fully, to execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Release that are not inconsistent with its terms, including by way of example and not limitation filing a Motion to Approve Settlement and/or a Stipulation of Dismissal with Prejudice.
9.0. Counterparts: This Release may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same Release. Copies of signatures are as enforceable as an