Thu 14 Apr 2022 19 33 35 0400 Re 2Nd Notice Spring Maintenance Visit 1802A6Cd 2¶

1. Thank you. I will confirm with Rick tomorrow if it’s best to have the
hvac service postponed etc. this is why I requested a copy of the email(if
possible to have ) so I could add onto it asking Rick etc.

2. What is the next step now that the discovery questions were
submitted/logged?



On Thu, Apr 14, 2022 at 7:13 PM Tania Tuttle <ttuttle@mmatllaw.com> wrote:

> Sarah – the chances of HVAC professionals not accidently stepping onto the
> property of the Sweatmans is beyond slim in my opinion. Its just too narrow
> an area and even if they say they could, with tempers so high, I would
> never advise you to do that if you didn’t want to provide a heads up to
> protect you and your HVAC people.  You may just want to postpone the
> service and we can send an email stating to ignore our prior correspondence
> as to the same.  I don’t want to see this blow up and cause you more
> potential damages and fees.  If Lisa came back with any questions or
> concerns, I would tell you to call it off regardless.
>
>
>
> However, if you want them to come – which is totally fine - this was the
> way it should be handled. Sally and I discussed prior to her reaching out.
> I have had two decades of experience handling these types of matters and am
> not going to take any steps that put any of your claims at issue, whether
> covered or not.  It has absolutely no effect whatsoever on any claims or
> counterclaims. It is pure courtesy and done to avoid expansion of
> litigation and additional trespass claims in such a hotly contested
> matter.  Lets say, for example, the reverse happens and the Sweatmans
> crossed into your property without any sort of warning to us or okay by you
> (your property, not disputed property), you would likely have concerns and
> would call your attorneys and/or the cops.  The Sweatmans could do the same
> – and drag your HVAC guys in if they really wanted to be difficult.  I have
> a case with a fight in which this is exactly what happened because the
> other side (HOA) gave no heads up about entering my clients property to cut
> down a tree that fell on what they deemed HOA property.  He walked all
> around my clients’ property without notice.  It was likely innocent because
> it was the only way the trees were being cut down, but entering without any
> heads up, knowing there was a current dispute between parties, resulted in
> cops being called and additional claims being added to the lawsuit.  Hope
> this makes sense.
>
>
>
> As for the survey, please note that if the surveyor believes he will need
> to access your neighbors property (not the disputed property but property
> that is the Sweatman’s undisputed property) it is also standard for us to
> give counsel the heads up as to the date of the survey.  Otherwise the
> surveyor is trespassing, just as the HVAC person would have been
> trespassing if they crossed over across the disputed area into property
> that is without question not yours.  The  same is in reverse from them.
> That being said Mark is very good and knows how to stay within property
> lines so I don’t believe it should be an issue and he will raise the
> concerns if he has any.
>
>
>
> As for the issues with keeping Amy on emails, I thought that was discussed
> earlier in this case but if not, no big deal at all  - this is why I
> brought it to your attention now. It happens a lot as the relationship
> between insured – insurance company – retained counsel can be confusing.
> Nothing you’ve said is bad at all and wouldn’t have any effect on the
> litigation, it just  is better not to get in the habit unless really
> necessary.  To provide you a little more background, you have attorney
> client privilege with your attorneys only.  That privilege goes away if
> third parties are on communications.  Same as if you had included the HVAC
> rep on the email. In general, the claims counsel from the insurance company
> is an attorney (as Amy is) but that claims counsel does not represent the
> insured, but works for and on behalf of the  title company.   The title
> company retains outside counsel (us) to represent you under the terms and
> conditions of the title insurance policy on whatever the title company
> determines is covered.   We do not represent the title company but the
> title company can direct parts of how we proceed depending on what is
> outlined in the policy.   (FYI - Lucy is retained on whatever your
> homeowner’s insurance which is likely very similar, as is most insurance
> defense)   If you have questions or concerns, I’d suggest talking to Rich
> as he can review specifically as to your policy what is and is not covered
> by both your Stewart Policy and your Homeowners Policy if he has not
> already as we cannot. We can’t get involved in anything coverage related
> between you and Stewart or you and your Homeowners insurance. Rich would
> have to handle anything such as that as well as any disputes you had with
> either company.  It would be best for him