- 8 - $2 million. On March 14, 1991, upon authorization of petitioner, a partial settlement agreement (the agreement) was entered into by petitioner, petitioner's attorneys, and Harte-Hanks. The agreement provided for a payment to petitioner of $8,500,000 from Harte-Hanks and its insurers. Of that amount, Continental agreed to pay $2,100,000, and Harte-Hanks agreed to pay $1 million to settle the first $7 million in principal liability of the judgment. Harte-Hanks agreed to pay $2,400,000 to settle the principal amount of the judgment between $7 million and $12 million, and to the extent necessary, to settle all postjudgment interest liability on the first $22 million of the judgment. Columbia and Hudson agreed to pay $3 million to settle the principal amount of the judgment between $12 million and $22 million. In reaching agreement, none of the payors considered whether the amounts they were paying were for actual or punitive damages. Nor did the payors or petitioner discuss any allocation of the settlement amount between actual or punitive damages. Instead, the parties regarded the judgment as a claim that totaled in excess of $31 million, considered the tiered structure of the insurance coverage, and tried to work out a settlement that preserved petitioner's claim against the upper tier insurer and resolved his claim against the lower tier insurers.4 4 Federal did not participate in the settlement negotiations, nor did it join in the appeal of the trial court's judgment. After the agreement was entered into, Federal filed a (continued...)Page: 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