Rameau A. and Phyllis A. Johnson - Page 50

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            became the subject of a trust because its identity as specific                            
            property of the customer was preserved in the form of a fixed                             
            claim to a corresponding portion of a segregated fund.                                    
                  By contrast, the VSC creates no rights for the purchaser                            
            that are defined by reference to the portion of the contract                              
            price deposited in the PLRF.  The amount of this deposit is                               
            determined by reference to the cost that the Dealership expects                           
            to incur in satisfying its warranty obligations to the purchaser.                         
            But plainly the purchaser is not entitled to have the Dealership                          
            incur this cost in all events.  Nor does the VSC or any other                             
            operative agreement require the Dealership to maintain a separate                         
            account for each contract holder to preserve a fixed portion of                           
            the reserves for his exclusive benefit.  The amount of any                                
            contract holder’s claims that may be satisfied from the reserves                          
            is at all times indefinite.  The deposit attributable to each                             
            contract holder makes possible the payment not only of his own                            
            claims, but also those of other contract holders.  Conversely,                            
            the amount of reserves available for use on behalf of each                                
            contract holder is as large or small as the pool, up to the                               
            specified coverage ceiling.  The pooled aggregate of all deposits                         
            plus accumulated income is the only identifiable trust res, and                           
            no individual contract holder is capable of transferring title to                         
            the pool.                                                                                 







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Last modified: May 25, 2011