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| Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hunters http://fugitiverecovery.com/forum/viewtopic.php?f=26&t=11449 |
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| Author: | tsuggs [ Mon 15 Nov 2010 18:19 ] |
| Post subject: | Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hunters |
Court Revives Suit Over Bounty Hunter Slaying By JEFF D. GORMAN ShareThis (CN) - The parents of an innocent bystander killed by bounty hunters can pursue a wrongful death lawsuit against the bounty hunters' employer and two companies that allegedly acted as principal, a Missouri appeals court ruled. Bounty hunters suffocated and killed Tamar Grant in 2002 while trying to apprehend Grant's brother, Anthony West, for ignoring a traffic ticket. Grant's parents, Emily West and William Grant, sued Sharp Bonding Agency, Bail USA and Seneca Insurance. The three bounty hunters who killed Grant worked for Sharp Bonding, but Bail USA and Seneca convinced the trial court in Jackson County to dismiss the claims against them, as they weren't partners with Sharp Bonding or its employees. But the Missouri Court of Appeals reversed, sending the case back to the trial court. Judge Mark Pfieffer wrote that Seneca and Bail USA authorized Sharp Bonding to act as their bail bond agent in a 1998 contract, and they may be liable because the contract gave Seneca and Bail USA "the right to control" Sharp Bonding, even if the companies never used that right. "Under Missouri agency law, the right to control, rather than the actual exertion of control, is sufficient to permit vicarious liability to attach," according to the ruling (emphasis in original). Pfieffer said the claims against the companies were improperly dismissed, because the language of the contract is ambiguous. A relationship between the companies exists because Sharp solicits and executes bail bonds solely in the name of Seneca and Bail USA, which receive 18 percent of every bail bond premium collected, according to the ruling. "A jury could reasonably infer that Seneca/Bail USA benefitted through its exclusive relationship with Sharp Bonding and the bail bond premiums Sharp Bonding paid to Seneca/Bail USA pursuant to the bail bond agent contract," Pfieffer wrote. "Because there are competing inferences from the bail bond agent contract, it is the jury's responsibility, not the trial court's, to evaluate which inference is more credible |
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| Author: | MadMadi [ Mon 15 Nov 2010 20:32 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
Hmmm, I see a new BEA/Bail Agent agreement in the works to protect bail agents and thier suretys from this... No or limited liablity contract. |
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| Author: | tsuggs [ Tue 16 Nov 2010 10:44 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
We already have them in our surety contracts. However, that will not prevent someone from suing you anyway and you must defend yourself in court. They will sue everyone involved and hope to get a settlement from the deep pockets which are the bail agency or surety. |
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| Author: | MadMadi [ Tue 16 Nov 2010 12:40 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
That is true Tony.. especially in our state! |
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| Author: | Agent433 [ Tue 16 Nov 2010 21:42 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
tsuggs wrote: We already have them in our surety contracts. However, that will not prevent someone from suing you anyway and you must defend yourself in court. They will sue everyone involved and hope to get a settlement from the deep pockets which are the bail agency or surety. Your right about suing everyone especially the big wallets. Probably hoping for a settlement. Throw enought _____ on the wall and something will stick. |
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| Author: | speezack [ Thu 18 Nov 2010 07:11 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
It's always about the money... deep pockets as pointed out... will be involved... If this case is upheld and the suit goes forward in the favor of the plaintiff... well, what do you think will happen to the bail industry... like the gun industry when the law suits tried to blame them for crime. I do not think this will happen but then I saw a pig fly the other day... so who knows.... I was pulled into court one time on a forfeiture for violation of conditions on a defendant... I and all other bondsmen that I am aware... bond on appearance only but the CA in this jurisdiction tried to forfeit on me for the defendant violating his conditions although he had never missed a court date.... it was dismissed after several months. Had this been upheld, it would have effectively shut down the bond business in Virginia as I know of no bondsman that would write based on his liability of conditions in addition to appearance... I wrote a lengthy thread on this several years ago... I think it could be found under the search deal on FRN... but it was, as mentioned, dismissed............. thank God... |
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| Author: | Agent433 [ Thu 18 Nov 2010 09:33 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
[quote="speezack"]It's always about the money... deep pockets as pointed out... will be involved... If this case is upheld and the suit goes forward in the favor of the plaintiff... well, what do you think will happen to the bail industry... [quote] Bond cost go up and alot of new language/restriction on our agreements with surety. |
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| Author: | tsuggs [ Thu 18 Nov 2010 10:58 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
Bill, I will search for your prior thread about the CA forfeiture, but do you remember which county that case was out of? |
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| Author: | speezack [ Thu 18 Nov 2010 21:53 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
viewtopic.php?f=13&t=6196&start=0&hilit=halifax I think this is it.......... |
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| Author: | Mdbtyhtr [ Fri 19 Nov 2010 06:21 ] |
| Post subject: | Re: Sureties Can Be Liable 4 Acts of Bail Agents Bounty Hun |
This is why insurance companies prefer bondsmen to just pay their forfeitures and seek civil regress against their indemnitors, no liability for anybody. This is the very subject I was asked to prepare for and present at the PBUS conference in Las Vegas in 2007 with the famous Rex Venator! Scott |
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