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Tractor Talk Discussion Forum

Re: Still no settlement

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Author  [Modern View]
MarkB_MI

08-24-2013 02:32:37
75.198.14.111



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> It's not the insurance who would be paying for the damages, it should be the kitty that's built up from years and years of dog tags.

That's an interesting hypothesis, Don, but one that's not based on fact. You can read the law in its entirety at the link below. 287.283 says "An amount awarded pursuant to this section shall be paid by the county out of its general fund." There is no dog tag "kitty". In fact the law explicitly does away with what it calls "dog funds" (287.285).

Regardless of what the law says, it's my understanding that any municipality covered by the Michigan Municipal Risk Management Authority is required to turn over all claims to the MMRMA and is contractually forbidden from paying claims directly. The county attorney is surely aware of that. It's pretty clear that if the sheep owner wants to pursue payment under the 1919 law, he'll have to file suit against the county. At that point the MMRMA will step in. The MMRMA has deep pockets and lots of lawyers; good luck if you have to go to trial against them.

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