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Re: Negligence per se ( another misconception)

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Dennis,

The major point I was trying to import here, was that the EOR is not totally 
without options ( see my prior postings), especially when the alleged damages 
were not the fault of the EOR ( not caused by his/her design).

I believe if the plaintiff's attorney was fully informed that the EOR has NO 
LIABILITY, it may change the outcome dramatically, because the plaintiff's 
lawyer is now looking at a pot of problems ( i.e. malicious prosecution, 
etc..) instead of a pot of gold (insurance money), which may not be worth the 
trouble.

I do not mean to imply that this will be a walk in the park, to the contrary, 
litigation is a very frustrating process.  But this is something imposed on a 
defendant, like it or not.  

To conclude, I do not feel that the insurance industry ( and defense counsel) 
are really motivated to get the EOR out of the suit asap, "self interest" 
plays a role, as in any other situation ( if you know what I mean).

Good luck all, will keep you posted

George Hakim