March 22, 2000
Memo
to S. Myrda from J. Cunningham:
[KWE Note: Judge Cunningham’s opinion letter to Myrda.]
To:
S. Myrda
From:
J. Cunningham
I reviewed the minutes. There is no question that you had the
authority, although that did not state what they meant by limited
power of attorney. Coon assumption that you were terminated when
another CPA was appointed. That is not true. Coon has no authority
to terminate you, only the Board of Directors.
The letter in September to you was ambiguous. There was no mention
of any correspondence from the insurance company. Coon and the
treasurer are the only one at that time who knew that the insurance
company was closing the file. Coon failure as President and the
Treasurer to send you a copy of the correspondence or at least
to call you. They are responsible for the closing of the file and
should be held to account for their actions. The insurance company
is also responsible for not sending or copying you and Nick on
their letter to Coon. Coon must have informed the insurance company
as soon as he became president that all future correspondence must
be directed to him, no one else. You and Nick during the claim
were the only ones that dealt with the insurance company.
I am sorry for the spelling mistakes, but this machine does not
have spell check.
Joe
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