Sudhir P. Srivastava and Elizabeth S. Pascual - Page 8

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          $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...)           


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