No, Your Grace, that’s an inaccurate interpretation of the situation. The defendant was composed of two parties: MSB, whose primary concern was its reputation, and the insurer, whose focus was on the commercial risk of litigation. In this instance, MSB made no concessions, while the insurer concluded that it made commercial sense to pay a settlement sum rather than defend the matter in court, for which it would be liable.
While you assert that the payment implies fault—and that cannot be entirely dismissed—it’s important to note that the payment primarily reflects a commercial decision made by the insurer, not MSB.
In contrast, the plaintiff’s acceptance of a smaller out-of-court settlement suggests they lacked confidence in their ability to prove their case in court.
Thus, this outcome doesn’t necessarily indicate fault on MSB’s part but rather a pragmatic commercial decision by the insurer, balanced against the plaintiff’s apparent uncertainty in pursuing the case further.
Your idiotic misinterpretation of basic facts about how the world works is so friggin boring!
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Ann: Class Action Resolution, page-38
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