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What does "together with all previous payments" mean?
I have a suit against my homeowners insurance company. I'm expected to sign a legal settlement which says:
"The Consideration" means the payment(s) to Claimants by or on behalf of Defendants in the amount of Five Thousand Dollars and No Cents ($5000.00), together with all previous payments under the policy and the promises, agreements and representations set forth below.
I don't really understand legal mumbo jumbo. Does this mean I would get a check for $5000 or would I get a check for $2300? They had previously sent me $2700 before I filed against them.
3 Answers
- R TLv 76 years agoFavorite Answer
The "Claimant" is the person making the claim (you).
The "Defendants" are the people the claim is against (the insurance company in this case).
"Consideration" is something of value that's given.
"All payments under the policy" would be what the policy said they would pay in the event of that type of claim.
"Promises, agreements and representations set forth below" are additional promises that are further down in the document you are reading.
So, the way I read this is, you get what the policy would have originally paid, plus $5,000 plus anything that may be promised later on in the document.
If you are suing them, you should have a lawyer. Have them explain this to you before you sign.
- WRGLv 76 years ago
It sounds like you would get a $5000.00 check and that along with what they have paid you previously is all they will pay you.