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After Wally left, Delbert figured out that Wally knew too much about the sales of thisproduct for this to be the first claim involving Cherry Wud. Delbert e-mailed Wally andasked that he send back to him a loss run on the Cherry Wud product dating back tolast year when the product was first introduced by Path-O’s. He also asked him toprovide any analysis that had been performed by the claims group, any communicationsfrom Claims to the sales or financial people, as well as Wally’s thoughts in regard toproduct performance and what Pathos’ ultimate exposure might be.Wally immediately sent back an email with a .pdf attachment of the loss run that listed73 settled claims over the fifteen-month life of Cherry Wud. Wally also attached theExcel spreadsheet and Word document that comprised an “excellent” risk analysis byAsok Monroe, the summer intern from the local community college (who needed onemore project to complete his program). Wally told Delbert that, based on Asok’sanalysis and all of the information he saw, every single claim was due to the improperuse of the panel, thus, Pathos had no ultimate liability. Also, Wally wanted to know ifDelbert wanted to see the various medical records from some of the people makingclaims. And finally, Wally said he and the Claims group had no communications onthese issues because they were deleted because the Claims group deletes all e-mailsevery Friday evening as a standard practice.Something in Delbert’s memory told him to call his former partner, L. Howard Jackson,at the mega-law firm of Jackson, Rush, Will & Delay. Delbert was a deal-maker, not alitigator like Howard. As it turned out, Howard was happy to help out his old friend, andhe would bring every associate and the full weight of Jackson, Rush, Will & Delay tohelp sort out these issues.4

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