- 9 - The purchaser's rights against other entities participating in the program that are not parties to the contract is expressly limited: The Administrator does not assume and specifically disclaims any lability to the Purchaser. The liability of the Administrator is to the issuing Dealer only in accordance with their separate agreement. If the dealer fails to pay an authorized covered claim within sixty (60) days after proof of loss has been filed or, in the event of cancellation, the dealer fails to refund the unearned portion of the consideration paid, the purchaser is entitled to make a claim directly against the Travelers Indemnity Company * * * through its managing agent. Each Dealership also entered into an Administrator Agreement. The other parties to the agreement were MBP or API, the Travelers Indemnity Co. (Travelers), and Travelers' managing agent during the years at issue, Brokerage Professionals, Inc. (BPI), referred to in the agreement as Administrator, Insurer, and Managing Agent, respectively. The Administrator Agreement provides for the establishment of "one or more trust funds or custodial accounts with financial institutions and/or money market funds in the name of the Administrator and Managing Agent as Escrow Trustees (the `Escrow Account(s)’)." Under the program administered by API, a separate account was established in the name of the Trustees for each Dealership at a bank called the Massachusetts Co. Under the program administered by MBP, the Trustees, in the exercise of their discretion, maintained all reserves deposited by the Dealerships in a single account at thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011