- 53 - forwarding to the purchaser. There is no reporting obligation to the purchaser concerning the status of the PLRF account. In the event of the Dealership’s default, the purchaser cannot look to the PLRF for satisfaction of the Dealership's obligation. His recourse is to file a claim with Travelers. It is the insurance company which, after paying the purchaser's claim, is entitled to recover its loss out of the Dealership's PLRF account. The accounts are titled in the name of the Escrow Trustees "for the Dealer Group" or for each Dealership separately, and the Dealerships are designated as the FDIC insured depositors. These provisions refute the proposition that the contract holders were intended to hold a beneficial interest in the trust. Furthermore, we are unable to see any functional rationale for petitioners' theory of beneficial ownership. The accumulation and conservation of the trust fund was clearly a matter of concern to the Dealerships. As long as they fulfilled certain minimal conditions, they were entitled to recover at least the principal portion (if not also the income portion) of any unconsumed reserves. They were personally liable for any losses in excess of the reserves and would have to pay for these losses out of their own pockets if they failed to maintain excess loss insurance or properly file claims under the insurance policies. One of the primary purposes of the PLRF arrangement was to provide the Dealership with greater security than thePage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011