May 20, 1998 PARTIAL RELEASE AND ASSIGNMENT AMENDED (5/19/98)
(attached)
[KWE Note: Amended partial release from insurance company to KWVA]
WHEREAS, FEDERAL INSURANCE COMPANY (FEDERAL) is the Insurer and KOREAN WAR VETERAN’S ASSOCIATION, INC (KWVA)
is the Insured on Crime Insurance Policy No. 8145-38-48 which provides coverage for, among other things, direct
losses of money sustained by KWVA caused by theft committed by an identifiable KWVA employee, acting alone or in
collusion with others; and
WHEREAS, the employee theft coverage of Crime Insurance Policy No. 8145-38-48 has a limit of liability of
$500,000, subject to a $1,000 deductible; and
WHEREAS, KWVA has submitted a Proof of Loss to FEDERAL representing that it has sustained a direct partial
loss in an amount of $132,879.19 due to theft committed by JOHN MAISON (MAISON) which thefts were committed
while MAISON was an employee of KWVA; and
WHEREAS, FEDERAL has conducted an independent investigation into the facts which are the subject of the Proof
of Loss described above; and
WHEREAS, FEDERAL and KWVA concur that KWVA has sustained a direct loss of money caused by thefts committed by
MAISON in the amount of at least $132,897.19; AND
WHEREAS, FEDERAL and KWVA have agreed to partially settle the claim described above against Crime Insurance
Policy No. 8145-38-48.
NOW, THEREFORE, in consideration of the partial payment of $131,879.19 by FEDERAL to KWVA and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged;
1. KWVA, for itself and its successors and assigns, hereby partially releases and discharges FEDERAL
INSURANCE COMPANY and its successors and assigns of and from certain claims, liabilities and causes of action of
any nature whatsoever which in any way arise out of or derive from any act or omission of MAISON or which are in
any way whatsoever related to the facts which are the subject of the Proof of Loss described above;
2. KWVA hereby partially sells, assigns, transfers and conveys to FEDERAL all claims, rights and causes of
action which it has or may have against MAISON and/or any other person or entity who may be liable, in whole or
in part, for the loss sustained by KWVA as the result of the thefts of MAISON;
3. KWVA hereby appoints FEDERAL as its attorney in fact to ask, demand, receive or sue for and in the name of
KWVA and to take any and all lawful ways and means for the recovery of the partial payment of $131,879.19 by
FEDERAL to KWVA.
4. KWVA hereby agrees that all recoveries, less the actual cost of recovery, shall be distributed first in
reimbursement to FEDERAL to the extent of its partial payment of $131,879.19 and any remainder paid to KWVA.
IN WITNESS WHEREOF, KOREAN WAR VETERANS ASSOCIATION, INC. has caused this Partial Release and Assignment to
be executed this 20th day of May, 1998.
By: (signed) Nicholas J. Pappas, Korean War Veterans Association, Inc.,
Title: National President
WITNESSES: Janet M. Pappas & Susan F. Shupard
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