HomeMy WebLinkAbout18- General Release and Settlement Agreement - Moore, O'Connell & Refling, P.C. - Alleged Malpractice of Delaney & Company, Inc. v. COB GENERAL RELEASE AND SETTLEMENT AGREEMENT
RELEASOR: The City of Bozeman
RELEASEE: Moore, O'Connell & Refling, P.C.
DATE OF CASUALTY: July 17, 2003 to present
DESCRIPTION OF CASUALTY: Alleged legal malpractice in Delaney &
Company, Inc. v. City of Bozeman, DV-03-354,
Eighteenth Judicial District Court, Gallatin
County.
SUM OF SETTLEMENT: $1,000,000.00
CIVIL CAUSE: The City of Bozeman v. Moore, O'Connell &
Refling, P.C., Lewis and Clark County District
Court, Cause No. BDV-2010-988
1. Release
The undersigned Releasor acknowledges receipt of the above sum of money and in
consideration for payment of such sum, fully and forever releases and discharges
Releasee, Releasee's heirs, personal representatives, successors, assigns, agents, partners,
employees and attorneys from any and all actions, claims, causes of action, demands, or
expenses for damages or injuries, whether asserted or unasserted, known or unknown,
foreseen or unforeseen, arising out of the described casualty.
2. Future Damages
Inasmuch as the injuries, damages, and losses resulting from the events described
herein may not be fully known and may be more numerous or more serious than it is now
understood or expected, the Releasor agrees, as a further consideration of this agreement,
that this Release applies to any and all injuries, damages and losses resulting from the
casualty described herein, even though now unanticipated, unexpected and unknown, as
well as any and all injuries, damages and losses which have already developed and which
are now known or anticipated.
3. Release of Insurer
Releasor further releases ALPS Property and Casualty Insurance Company from
all obligations under any part of the company's insurance policies applicable to
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Releasor's claims and from any and all claims arising out of the investigation, handling,
adjusting, defense or settlement of the claim including, without limitation, any claims for
breach of contract, in tort, violation of the covenant of good faith and fair dealing,
violation of Montana Code Annotated §§ 33-18-201 et seq., and in common-law bad
faith.
4. No Admission of Liability
It is understood that the above-mentioned sum is accepted as the sole
consideration for full satisfaction and accord to compromise a disputed claim, and that
neither the payment of the sum by Releasee nor the negotiations for settlement shall be
considered as an admission of liability.
5. No Additional Claims
Releasor represents that no additional claims are contemplated by the City of
Bozeman, its employees, and agents against any other party potentially liable for the
losses, damages, and injuries for which this Release is given. In the event any additional
claim is made which directly or indirectly results in additional liability exposure to
Releasee for the losses, injuries, and damages for which this Release is given, Releasor
covenants and agrees to indemnify and save Releasee harmless from all such claims and
demands, including reasonable attorneys' fees and all other expenses necessarily
incurred.
6. Stipulation for Dismissal with Prejudice
Releasor stipulates and agrees that Releasor's attorney of record shall dismiss with
prejudice, as fully settled upon the merits, the above-described civil action. Each party
shall pay their respective.costs and attorneys' fees.
7. Disclaimer
Releasor has carefully read the foregoing, discussed its legal effect with Releasor's
attorney, understands the contents thereof, and signs the same of Releasor's own free will
and accord. This Release shall be binding upon Releasor's heirs, successors, personal
representatives and assigns.
8. Severability
Should any provision of this Agreement be determined to be unenforceable, all
remaining terms and clauses shall remain in force and shall be fully severable.
9. Choice of Law
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The laws of the State of Montana shall apply to the interpretation of this
Agreement.
10. Final Agreement
This written Agreement constitutes the final agreement between the parties and
shall supersede any oral agreements to the contrary.
DATED this 3 day of �3GA W , 2018
CAUTION: READ BEFORE SIGNING!
RELEAS OR
The city of B ze
By
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STATE OF MONTANA )
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County of G )
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instrument was acl wledge before me on the day of
2018 by I� , known to me to be the
The City of Bozemdn, Releasor.
o HEATHER BIENVENUE
�R B!eH
Notary 000-1
Public
a01AR1q�ym=^for the State of Montana p d or Printed Name:
Residing at:
' SEAL. Q Bozeman, Montana NOTARY PUBLIC for the State of Montana
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9 . P,' My Commission Expires: Residing at:
��` ►� °° January 26,2022 g
My Commission Expires:
APPROVED BY:
Attorneys for Releasor
MILODRAGOVICH, DALE & STEINBRENNER, P.C.
P.O. Box 4947
Missoula, MT 59806-4947
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By
G. Patrick HagEstad
GENERAL RELEASE AND SETTLEMENT AGREEMENT(COB v. MOR) Page 4
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