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Date: 16 Jan 2008 00:09:32
From: Sam Sloan
Subject: Incesive Comment by Wickdeer on Polgar, Truong, Insurance
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by WickDeer on Tue Jan 15, 2008 6:37 pm #86660
The 300 pound Gorilla that no one is talking about for this issue is
insurance coverage.
The Sloan lawsuit is being defended by USCF's insurance company.
Every insurance policy I have ever seen has a clause requiring the
persons being defended under the policy to cooperate with the
insurance company and its retained attorneys. Failure to so cooperate
is a potential ground to deny coverage.
Assuming Mr. Truong is refusing to cooperate with his attorneys as
alleged in the statement by the four directors, then he is putting his
own coverage at risk.
Furthermore, because Mr. Truong is a director of USCF, he is putting
USCF's coverage at risk as well. The other board members, in my
judgment, were compelled to take action or else they risked the
insurance company denying coverage and forcing USCF to incur massive
legal fees in defending the Sloan suit and in litigating the coverage
issue with the insurance company.
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Date: 15 Jan 2008 18:27:21
From: [email protected]
Subject: Re: Wickdeer on Polgar, Truong, Insurance
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POLITICAL ANIMALS
Wickster Deer tells us that the Board majority
had to sink the knife into Paul Truong for fear of
losing the USCF's legal insurance coverage.
That may well be true.
The other side of the coin is that when you are
dealing with a politician such as Randy Bauer, who
would cut the throats of cute little babies to advance
his career in both real-life and chess politics, you
want to avoid close association in any legal action as
a co-defendant. It seems probable, given the animus
informing the Bauerian afflatus, that he has posted
under false names to attack political enemies.
Mr. Bauer and his ilk would undoubtedly
sacrifice Mr. Truong if a need arose. One fully
understands why Mr. Truong might wish to keep his
distance. The latter may indeed have a fiduciary
responsibility to the USCF as a Board member, but he
does not have a fiduciary responsibility to the likes
of Bauer, Goichberg, Hough and Berry. He does not
have to become -- in Lee Harvey Oswald's phrase -- a
patsy, which is likely the fate that our Bauer has in
mind for Mr. Truong.
Sam Sloan wrote:
> by WickDeer on Tue Jan 15, 2008 6:37 pm #86660
>
> The 300 pound Gorilla that no one is talking about for this issue is
> insurance coverage.
>
> The Sloan lawsuit is being defended by USCF's insurance company.
>
> Every insurance policy I have ever seen has a clause requiring the
> persons being defended under the policy to cooperate with the
> insurance company and its retained attorneys. Failure to so cooperate
> is a potential ground to deny coverage.
>
> Assuming Mr. Truong is refusing to cooperate with his attorneys as
> alleged in the statement by the four directors, then he is putting his
> own coverage at risk.
>
> Furthermore, because Mr. Truong is a director of USCF, he is putting
> USCF's coverage at risk as well. The other board members, in my
> judgment, were compelled to take action or else they risked the
> insurance company denying coverage and forcing USCF to incur massive
> legal fees in defending the Sloan suit and in litigating the coverage
> issue with the insurance company.
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Date: 16 Jan 2008 14:05:51
From: [email protected]
Subject: Re: Wickdeer on Polgar, Truong, Insurance
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REPLY TO LARRY TAPPER
>So Parr acknowledges that under normal circumstances, it might be the board member's fiduciary duty to cooperate with the insurance investigation. But if in somebody's judgment (Parr's? Truong's?) the main players are sufficiently
depraved, all bets are off. In other words, it's OK to screw the EB if
you can picture
the EB screwing you. > -- Larry Tapper
My thinking was both clear and incisive but
unpleasant in its conclusions, which may indeed be
unconstructive, deconstructive, anti-constructive.
Larry Tapper more or less restates what I wrote (I
don't deny a fiduciary responsibility under normal
circumstances, nor does he deny that abnormal
circumstances may affect fiduciary duty) but his
conclusions, though tacit, are the opposite of mine.
That's all.
[email protected] wrote:
> POLITICAL ANIMALS
>
> Wickster Deer tells us that the Board majority
> had to sink the knife into Paul Truong for fear of
> losing the USCF's legal insurance coverage.
>
> That may well be true.
>
> The other side of the coin is that when you are
> dealing with a politician such as Randy Bauer, who
> would cut the throats of cute little babies to advance
> his career in both real-life and chess politics, you
> want to avoid close association in any legal action as
> a co-defendant. It seems probable, given the animus
> informing the Bauerian afflatus, that he has posted
> under false names to attack political enemies.
>
> Mr. Bauer and his ilk would undoubtedly
> sacrifice Mr. Truong if a need arose. One fully
> understands why Mr. Truong might wish to keep his
> distance. The latter may indeed have a fiduciary
> responsibility to the USCF as a Board member, but he
> does not have a fiduciary responsibility to the likes
> of Bauer, Goichberg, Hough and Berry. He does not
> have to become -- in Lee Harvey Oswald's phrase -- a
> patsy, which is likely the fate that our Bauer has in
> mind for Mr. Truong.
>
>
>
>
> Sam Sloan wrote:
> > by WickDeer on Tue Jan 15, 2008 6:37 pm #86660
> >
> > The 300 pound Gorilla that no one is talking about for this issue is
> > insurance coverage.
> >
> > The Sloan lawsuit is being defended by USCF's insurance company.
> >
> > Every insurance policy I have ever seen has a clause requiring the
> > persons being defended under the policy to cooperate with the
> > insurance company and its retained attorneys. Failure to so cooperate
> > is a potential ground to deny coverage.
> >
> > Assuming Mr. Truong is refusing to cooperate with his attorneys as
> > alleged in the statement by the four directors, then he is putting his
> > own coverage at risk.
> >
> > Furthermore, because Mr. Truong is a director of USCF, he is putting
> > USCF's coverage at risk as well. The other board members, in my
> > judgment, were compelled to take action or else they risked the
> > insurance company denying coverage and forcing USCF to incur massive
> > legal fees in defending the Sloan suit and in litigating the coverage
> > issue with the insurance company.
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Date: 16 Jan 2008 07:40:03
From: Larry Tapper
Subject: Re: Wickdeer on Polgar, Truong, Insurance
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On Jan 15, 9:27=A0pm, "[email protected]" <[email protected] > wrote:
> POLITICAL ANIMALS
>
> =A0 =A0Wickster Deer tells us that the Board majority
> had to sink the knife into Paul Truong for fear of
> losing the USCF's legal insurance coverage.
A rhetoric alert seems to be called for here. "Sinking the knife" does
not mean what we might ordinarily expect it to mean --- something like
bouncing Truong from the Board sumily without regard to his guilt
or innocence. What the EB has actually done, apparently, is demand
that Truong cooperate fully with the investigation, else resign. That
is not the same thing.
Of course Truong is not legally obliged to comply with the Board's
demand. In this country, no one is forced to incriminate himself. If
Truong wants to go his own way rather than act cooperatively as a co-
defendant in the lawsuit, that is his prerogative. However, it's no
great mystery why _any_ EB might want the man to resign if it comes to
that.
Parr's answer to this, apparently, is the Argument from Depravity:
> Mr. Bauer and his ilk would undoubtedly
> sacrifice Mr. Truong if a need arose. One fully
> understands why Mr. Truong might wish to keep his
> distance. The latter may indeed have a fiduciary
> responsibility to the USCF as a Board member, but he
> does not have a fiduciary responsibility to the likes
> of Bauer, Goichberg, Hough and Berry. He does not
> have to become -- in Lee Harvey Oswald's phrase -- a
> patsy, which is likely the fate that our Bauer has in
> mind for Mr. Truong.
So Parr acknowledges that under normal circumstances, it might be the
board member's fiduciary duty to cooperate with the insurance
investigation. But if in somebody's judgment (Parr's? Truong's?) the
main players are sufficiently depraved, all bets are off. In other
words, it's OK to screw the EB if you can picture the EB screwing you
("Mr. Bauer and his ilk would undoubtedly sacrifice Mr. Truong if a
need arose").
Is this the kind of clear, constructive thinking we need to get the
USCF back on track? As Parr likes to say every now and then, "readers
may judge for themselves.".
LT
Paid-up USCF member since 1962
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Date: 16 Jan 2008 22:48:55
From: Ray Gordon, creator of the \pivot\
Subject: Re: Wickdeer on Polgar, Truong, Insurance
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Actually, I can see why Truong and Polgar would want their own counsel, as
all kinds of conflicts with attorney-client privilege arise if one defendant
has to testify against another.
However, being on the board is not a fundamental right, so that can be
conditioned on his transparency or whatever. If he doesn't resign, then
they'd have to see if they could force hmi out.
I personally would not consider it to mean anything if he were to resign
while his wife remained in power, but keep something in mind: even if both
of them resign, they are still in power, because they devote their lives to
a game that most of us do not.
That they want full transparency also might indicate that there is more to
this than we're seeing on the surfcae.
--
Ray Gordon, The ORIGINAL Lifestyle Seduction Guru
http://www.cybersheet.com/library.html
Includes 29 Reasons Not To Be A Nice Guy
Ray's new "Project 5000" is here:
http://groups.yahoo.com/group/project-5000
Don't rely on overexposed, mass-keted commercial seduction methods which
no longer work.
Thinking of taking a seduction "workshiop?" Read THIS:
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Beware! VH-1's "The Pickup Artst" was FRAUDULENT. Six of the eight
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