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    Discussions dealing with equipment topics (tents, lights, packs, boots, stoves, etc.)

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  1. Thanksgiving at Camp...

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  2. 15 Essentials for a Forest Hike 1 2

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  3. How much water?

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  • LATEST POSTS

    • Ok.  How does the trustee get the non settled insurance company's to pay into the settlement?  Where will the motivation be to settle if they cannot be sued?  Or will the trustee be suing them on behalf of all claimants or will they file individual suits?  Sorry if I sound ignorant.
    • I believe the answer is: yes. BSA is transferring its insurance coverage to the Settlement Trust. That means yes, you have to depend on the trustee to go after the insurance companies (except Hartford which already cut its deal the "Insurance Settlement Agreement" or "Hartford Insurance Settlement Agreement"). This is why, as the TCC has said over and over, EVERY victim needs to be hiring a lawyer because this is going to get even more complicated. That lawyer will then be arguing in front of the trustee why the insurance company owes that particular victim XXX or YYY. See page 51. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/75cad6f2-cc34-4b0c-896f-0d26815b1189_5368.pdf C.Transfer of Claims to the Settlement Trust. 1. On the Effective Date or as otherwise provided herein, and without further action of any Person, the Settlement Trust shall assume the liabilities, obligations, and responsibilities of the Protected Parties for all Abuse Claims, financial or otherwise. These assumptions by the Settlement Trust shall not affect (a) the application of the Discharge Injunction or the Channeling Injunction or (b) any Non-Settling Insurance Company’s obligation under any Insurance Policy that is not the subject of an Insurance Settlement Agreement.
    • So if my LC opts into the settlement I have to depend on the trustee to go after the insurance company?  I cannot go after them as an individual?  I am a little confused. 
    • Us too.  Tight timeline to respond. We were told we will know by August.  They council was saying there are 19 camps in Wisconsin so no they can probably do with less.  Unfortunately every council is saying that and I’m currently at a camp that was sold (in Wisconsin).
    • I believe that because this is a bankruptcy, you cannot opt out of the settlement and then go sue BSA: this is intended to settle ALL and I mean ALL claims prior to February 2020 against BSA. As for the LCs, if the LC doesn't "buy into" the settlement, then they are not covered and therefore you can sue them. Since the insurance companies (other than Hartford) are also not covered, they are on the hook down the road as well. As noted, most states will not allow direct suits on insurance companies, Instead, a victim will sue BSA and the LC, the BSA and the LC will then file with the court a copy of the bankruptcy settlement and direct that it be lawsuit dismissed, and that all claims will be channeled into the Settlement. The exact mechanics of that will be TBD.
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