is to get paid for claims on their insurance policies and put that away so in this time period we are we had a mediation with century that lasted several months we had a little patient they went off our kids and wanted to give illinois on the same topic we had mediation with wausau that lasted many months so it's not like we're just simply sitting there doing nothing there's a lot going on these cases of that particular going on but the the judges comment is interesting to the his to think right under the under the contract one at some agreement and my point is under waiver you look beyond the contract to a part of honda and we have an insurance company literally getting thousands of claims ninety nine they should have said something or did something cited here they simply said they will stay quiet and hopefully we'll get the benefit of that we are now is we're ninety nine years down the road and we have to arbitrate on the scope of release which we believe is prejudicial because you're right you're right you're right about that and what i do know is at the time that caterpillar was sending notices of the claims but it wasn't in fact asking for anything more than a general protect our interest of our contracts because we're now starting to pay those claims so along we've gotten these these generic is for notice letters but it's never been entirely clear but what we do know is that the st ten actually made in the spreads the demand for the money was when those was right we did when we were facing direct indication that they were going to pursue it again against us and we did not push as hard on our or patient rights but that was simply a matter all i don't think of is there wasn't a dispute of the time we were investigating but there was no there was no push my family was for the request and calicoes part for payment and under the terms of the agreement if it didn't apply the insurance have a dispute resolution process century did the same thing but they did have a dispute resolution process that form selection closet so they had to file suit the northern district of illinois they went out when they informed caterpillar about this and it's my understanding that at that point whatever sense you wanted to do under that settlement agreement caterpillar refused and has ended up in the litigation regardless they went to a separate track under their remit and the litigation was then just there was nothing to waiver and they have offered no evidence that there's any missing exhibits that there's where with this is who are no longer available just because of their passage of time and i don't want to let it go by that that the way is also because of there are for our findings i think two of them are related but i do think that the statement that neither party aggressively pursued litigation that's a factual finding that the trial court was uniquely situated to make because the trial court was observing expires and each one of those cases it was sort of a rough effort to comply the provisions provided they had to be a letter and they had to be stressed patient a mediator and has had we had letters that for those letters sensed my letter about mediation i said give us those letters about the investigation you're conducting they've never arrived they've never arrived for twenty one thousand dollars was not a line upon a record of investigation and there's not a single years not after that they would give us a doctor's two thousand and eleven and not only don't produce in the trial court in the end they don't put in the process it wasn't a written demand for arbitration what in this agreement there is a requirement for a written him in arbitration and that has never so i also want to dress the issue of this is a marketable thing for me for somebody who practices in the world of insurance law to hear a service companies say we don't know what you do we got your notices we were sure what to do the contract only makes how to put provide notice it doesn't ask you to give magic words asked to do things and interpret the contract for them their job is to respond to the complain and all their obligations under the contract which include the obligation to reimburse defense costs in this case you know i was hoping to get better from an injury that's why i didn't file atomic complaint you have to file a complaint we have to get told you have to do something they didn't do that they didn't protect their interests