26 Nov 2004 MMA Opening Letter
|
Click on any Page to ENLARGE Originals and/or Find English Text version Below
|
Envelope of MMA opening letter, November 26th, 2004
|

MMA
Mutuelles du Mans Assurances
PROF LIB CX 4 TEXAS RIDING CO
0795 – MMA 04 7265 04171 W
NOT 04 4293 / TEXAS RIDI 1220 N MARKET STREET
CT 110720011 6 0000210 SUITE 606
Sinistre du 27 09 04 WILMINGTON DE 19801 USA
File followed by :
MLE LACROIX – TEL. 02-43
Le Mans, November 26, 2004
Reference Number to remind for any mail exchange:
0795 04 7265 04171 W MMA
Complementary Reference Number : NOT04 4293
Dear Madam, Dear Sir,
We intervene with you as insurer for the professional civil liability of Me DUCHAN, Notary from CHALABRE following
the complaint that you have sent him on September 27, 2004.
On 2nd February 2004, Mrs. MAQUARD designated in her authentic Will, TEXAS RIDING LINE Co., and its owner, Mr.
Marc Campus, as universal legatee.
Your complaint was written and signed by Mrs. Marie Campus, acting in the capacity of Director of the Legatee
Company. However, it clearly appears from the testament that Mr. Marc Campus is the director of this company and
that the latter is the only one who can act on behalf of the company. Consequently, we would ask you to prove the
capacity to act of Mrs. Marie Campus against our policyholder.
Considering the depth of the issue, we remind you the provision of the Article 1315 of the Civil Code (French) which
imposes to the plaintiff the burden of proving the liability, in this case, the Notary’s liability.
Therefore, it's up to you to make the triple demonstration of this liability, that is to say, to show what would be the
ongoing, current and certain (and quantified) damage and the causality link between the damage and the breach you
allege to our policyholder.
Hoping to hear from you,
Sincerely yours.
The Person in charge of the file,
SIGNATURE
LA MUTUELLE DU MANS ASSURANCES I.A.R.D MMA I.A.R.D
Société d’assurance mutuelle à cotisations fixes –RCS Le Mans 775 652 125
Société anonyme au capital de 105 000 000 euros –RCS Le Mans 440 048 882
Entreprises régies par le code des assurances. Sièges sociaux 10 BOULEVARD OYON 72030 LE MANS CEDEX 9 / Fax 02 43 41 86 88
