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STATE OF WISCONSIN
CIRCUIT COURT BRANCH I FOR ROCK COUNTY


RICHARD G. LOY,
Plaintiff,

SPECIAL RELEASE

Vs

Case No. 22673

DONNA BUNDERSON;
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY;
RALPH TRUESDILL;
GENERAL CASUALTY COMPANY OF WISCONSIN; and
TRAVELERS INSURANCE COMPANY,
Defendants.


WHEREAS the motion of the Plaintiff to permit settlement of his claims against Ralph Truesdill and General Casualty Company of Wisconsin has been granted in the Court's Memorandum Decision dated May 21, 1979 and Order was duly entered approving said settlement dated June 15, 1979; and

WHEREAS the parties to said settlement wish to proceed with the same as approved by the Court;

NOW, THEREFORE, Richard Loy hereby makes, enters into and delivers the following release:

In consideration of Twenty Thousand Dollars ($20,000.00), receipt being hereby acknowledged, the undersigned, Richard G. Loy, hereby agrees as follows:

(1) Partial Release

To the specific extent hereinafter stated, Richard Loy hereby releases, acquits and forever discharges Ralph Truesdill and any other firm, person or corporation which may be responsible for any negligence of Ralph Truesdill of and from any and all actions, causes of action, claims, demands, damages, injuries, costs, loss of services, expenses and compensation, on account of or in any way growing out of any and all known and unknown injuries or damage resulting to or to result from the accident on or about the 23rd day of January, 1978 which resulted in the death of Doris Loy (hereinafter "accident"); this release is a complete release of and from any and all claims up to but not exceeding Fifty Thousand Dollars ($50,000.00).

This release hereby credits and satisfies that portion of the total amount of damages of the undersigned which has been caused by the negligence, if any, of Ralph Truesdill or any other firm, person, or corporation responsible for any such negligence of Ralph Truesdill to the extent of Fifty Thousand Dollars ($50,000.00) as if the full sum of Fifty Thousand Dollars has been paid; this release, however, does not purport to satisfy any obligation of said Truesdill on the basis of satisfying or releasing any percentage of negligence which might be attributed to him by a judge or jury in a later proceeding. (In other words, this is not a "Perringer"-type release).

(2) General Release

Richard Loy hereby releases, acquits and forever discharges General Casualty Company of Wisconsin of and from any and all actions, causes of actions, claims, demands, damages, injuries, costs, loss of services, expenses and compensation on account of or in any way growing out of any and all known and unknown injuries or damage resulting to or to result from the accident that occurred on or about the 23rd day of January, 1978 which resulted in the death of Doris Loy.

(3) Release of Excess

Richard Loy hereby releases, acquits and forever discharges Ralph Truesdill and/or Chambers & Owen of Janesville Wisconsin of and from any and all actions, causes of action, claims, demands, damages, injuries, costs, loss of services, expenses, and compensation, which are in excess of the monetary limits of the liability insurance policy issued by Travelers Insurance Company (hereinafter "Travelers") or any other company (except General Casualty Company of Wisconsin) which policies provide coverage for said accident. The purpose of this provision is to release all claims against Ralph Truesdill and/or Chambers & Owen which are not covered by the monetary limits of applicable insurance.

(4) Dismissal/Covenant Not to Sue

Richard Loy further agrees and stipulates to the dismissal, with prejudice, of the pending action against General Casualty Company of Wisconsin and Ralph Truesdill, personally, but not as to Travelers or any obligation Travelers may have by virtue of liability Insurance coverage applicable to Ralph Truesdill's alleged negligence in said accident. Richard Loy also agrees to never institute any suit or action at law or in equity against Ralph Truesdill, personally, General Casualty Company of Wisconsin or Chambers & Owen of Janesville, Wisconsin by reason of any claims the undersigned now has or may hereafter acquire relating to said accident. Richard Loy hereby binds his heirs, legal representatives and assigns to this covenant.

(5) Indemnification

Richard Loy hereby stipulates and agrees to indemnify and hold harmless Ralph Truesdill and/or General Casualty Company of Wisconsin from and of any claim of whatever nature that may be made against Ralph Truesdill and/or General Casualty Company of Wisconsin by Travelers by virtue of any alleged rights that Travelers may have under its policy with Chambers & Owen or any alleged rights arising by operation of law or any alleged rights by virtue of this settlement or release. Richard Loy further agrees and stipulates to either (A) defend any action by Travelers relating hereto against Ralph Truesdill and/or General Casualty Company of Wisconsin, or (B) to offset any claim the undersigned may have against Travelers to the extent of any amount of any collectable claim Travelers may enforce against Ralph Truesdill or General Casualty Company of Wisconsin.

(6) Reservation of Rights

This release is given for the purpose of effecting a settlement of Fifty Thousand Dollars ($50,000.00) policy limits coverage afforded by General Casualty Company of Wisconsin to Ralph Truesdill. Richard Loy hereby expressly reserves any claims he has against Donna Bunderson, State Farm Mutual Automobile Insurance Company and Travelers Indemnity Company. Richard Loy expressly reserves any claims or causes of action in excess of Fifty Thousand Dollars ($50,000.00) against Ralph Truesdill except subject to the provisions herein providing dismissal of Ralph Truesdill from this action and the covenant not to sue Truesdill set forth in Paragraph Four (4) hereof.

(7) Total Release if Settlement Approval Changed

One of the constant conditions of this settlement is approval of the Court. Court Approval was granted by this Court's Order of June 15, 1979. In the event that said Memorandum Decision or said Order based upon it are in any material manner reversed, overruled, or altered on appeal so as to in any manner expose Ralph Truesdill and/or General Casualty Company of Wisconsin to any liability to Richard G. Loy or Travelers Indemnity Company or Chambers & Owen, then in such event, undersigned Richard G. Loy agrees to release, acquit and forever discharge General Casualty Company of Wisconsin, Ralph Truesdill, Travelers Indemnity Company and Chambers & Owen of Janesville, Wisconsin of and from any and all actions, causes of action, claims, demands, damages, injuries, costs, loss of services, expenses and compensation, on account of or in any way growing out of any and all known and unknown injuries or damage resulting to or to result from said accident.

(8) Denial of Liability

It is further agreed that this settlement is the compromise of a disputed claim of the undersigned and that the payment is not to be construed as an admission of liability on the part of any of the persons, firms or corporations hereby released and that all liability is expressly denied and that all claims and causes of action of the released parties are hereby expressly reserved as against the undersigned and all other persons and are not waived or merged into this settlement in any manner whatever.

DATED July 19, 1979 /s/ Richard G. Loy

APPROVAL OF THE COURT:

Mark J. Farnum, Judge


Revised March 7, 2005.

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