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In a lawsuit where property damage is alleged by Negligence and an additional cause of action of Invasion of Privacy is alleged as a retaliation for for filing a property damage claim, if I accept a settlement offer on the property damage and sign a complete release to the Defendant which states, in part: "This Release includes any and all claims or causes of action which were asserted or could have been asserted as a result of the November 15, 2009 event wherein high winds caused damage to the Plaintiffs' swimming pool; what effect does that have on the cause of action related to the retaliation events which occurred afterwards? The Attorney for Insurance carrier claims I can continue with other causes of action and that the settlement is only for property damage, as a clause included states: "this release shall in no way affect, eliminate, dismiss or otherwise preclude Plaintiffs from the continued pursuit of any and all causes of action."I have my doubts, but what is your opinion?
Optional Information: State/Country relating to Question: Texas
I think they could later argue that it blocked all lawsuits. One clause says one thing, one clause says another. It could be easily solved by rewording the first section to include the language "any and all claims or actions for property damage".Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992