 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Connelly v. McVeigh1/7/2005
Connelly the sum of One Hundred Thousand ($100,000.00) Dollars.
2. In consideration for the payment of One Hundred Thousand ($100,000.00) Dollars, Connelly hereby assigns to NJM all rights of recovery up to any amount paid to Connelly by NJM which he shall have against David McVeigh or any person or organization legally liable for the personal injuries sustained by Connelly in the accident of September 9, 1998 and assigns to NJM the proceeds of any settlement with or judgment against David McVeigh or such other person or organization up to any amount paid to Connelly by NJM.
3. NJM and Connelly will cooperate and attempt to expedite the completion of discovery in this matter by the discovery end date of May 9, 2002 as well as the scheduling of an arbitration as soon thereafter as the parties can agree.
4. If the arbitration can not be accomplished prior to the scheduled trial date, NJM and Connelly shall join in an application to dismiss the underlying matter of Connelly v. McVeigh, et.al. Docket No. - MRS L-1473-99 without prejudice pending the outcome of an arbitration.
5. Pursuant to the policy, if the UIM award exceeds $15,000.00 either NJM or Connelly may demand a Trial by Jury on all issues. either party exercises the right to a Jury Trial, Plaintiff Connelly shall apply to the court to restore the underlying matter to the active trial calendar.
6. NJM and Connelly agree that Plaintiff's counsel shall try this action on behalf of Connelly if either NJM or Connelly does not agree to the outcome of the arbitration and Connelly agrees to assign to NJM the judgment that results from said trial up to the amount of $300,000.00. If the underlying matter is restored to the trial calendar as a result of a demand for a jury trial by NJM or Plaintiff Connelly, NJM shall have the right to intervene in the trial pursuant to Zirger v. General Acc. Ins. Co. 144 N.J. 327 (1996) and to actively participate in the defense of the underlying matter.
7. If NJM and Connelly are satisfied with the outcome of the arbitration or otherwise resolve the underinsured claim, then Connelly will assign any and all rights that he has against McVeigh, and authorizes NJM to take any action which may be necessary, either in law or in equity in its discretion, in the name of Connelly against David McVeigh or such other person or organization legally liable for the personal injuries sustained by Connelly in the accident of September 9, 1998 and Connelly covenants and agrees to cooperate fully with NJM in the presentation of such claims and to furnish all papers and documents necessary in such proceedings and to attend court and testify if NJM deems such to be necessary.
8. If NJM shall recover from David McVeigh or any person or organization legally liable for the personal injuries sustained by Connelly an amount in excess of that paid to Connelly by NJM, then Connelly shall be entitled to the excess less Connelly's pro rata share of attorney's fees and costs associated in prosecuting the case and collecting the judgment.
9. Connelly warrants that he has made no settlement with, given any release to or prosecuted any claim to judgment against David McVeigh or such other person or organization legally liable for the personal injuries sustained by Connelly in the accident of September 9, 1998, and that no such settlement will be made, no such release will be given, and no such claim will be prosecuted to judgment without the written consent of NJM.
10. NJM and Connelly hereto agree that notwithstanding the Agreement as set forth herein, Connelly has the right to pursue a claim against NJM under the terms of the NJM Policy Number
Page 1 2 3 4 5 6 New Jersey Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|