henry is is in what's called an office manager i don't know what you don't office manager he deals office me in vero why ordinarily when you're trying to cause trouble for somebody if the feces that you used to do it be hard to say hello by the way to deal us money to you then report this to your insurance company i don't see where it says who should pay the money they just want the money it says demand is here by i made that you go live or to us a cashier's check in the amount of insure october thirty two thousand ad the the claim has to be made during the period of a policy for and the policy doesn't apply the claims that were made prior to the period right  correct and so the only issue is whether i thought the whole montrose chemical thing was kind of a kind of blind alley here for that reason it strikes me as a policy area issue ok and the question is was not the subject of any demand the honey insurance issue isn't your problem that even though some of his behavior was outside the scope of his duty some less all right ok so he it just says acting in the capacity of and then it has these various capacities right and so i don't get why it wasn't with respect to the messman this claim with seventy four seventy six i'm looking at the right thing and tell me if i'm not representing exactly the risk insurance i think the case ends with the october thirty two thousand letter is a claim both addressed to d d r and a claim addressed the next legal there's an they got the masters to reduce the sales price from one million for ninety five which was the initial listing price with d b l to a sale of for one million one hundred seventy five thousand maybe there's your own fraud exclusion maybe there's an intentional ass exclusion maybe the definition of insured allows for an exclusion who knows who cares for other type honestly or yourself but if i got that right that's correct transaction has the seller's agent as the buyer's agent and three d b l people being involved is the secret buyer if there's no reason for us to question their presentation record here that they just assumed it was going to go away for it appears that they did assume that it would go it really hoped they could resolve it at some point in time it became apparent that they couldn't resolve it i guess there are a lot of claims people do that for minor physical damage to their car with no personal injury they figure they can just pay the body shop and avoid raising their rates raising their rate of a figure record just pay off investments by saying ok will forfeit our commission you can have your sixty thousand dollars or whatever this and between in this case between the two shareholders of d d l mr siegel tells mr long i'll take care of it mr long let it go at that now took place in the first week of november two thousand referred to a secret profit and that raises the issue of certain exclusions within the policy including your lawful profit or advantage certain items would have been reserved and the investigation would have gone on who was coun would have been appointed because there is a conflict between the insurer and the insurer in this circumstance and the defense would have gone on at some point in time to give evidence was obtained that we currently have there probably would have been  e thing i'd like to point out about the policy and october thirty two thousand letter is a claim against d b l and the first definition of insured after section one is the named and if you move down to section v for the again definition of insured it includes mr siegel as the only employee of the named insured while acting  and against mr s you didn't have conspiracy be legally responsible and i don't see how you can carry that burden well i think you can take both parts of the question right is that do i correctly state your burden i don't think that's my burden what do you if there's any doubt whatsoever any factual doubt whatsoever about the question of coverage under the duty to defend anything backed out is resolved in favor of the insurer that's what i meant by saying i don't think that's my burd but that's i mean the lawyer is going to figure out what remedies there are and go for all of them and he hasn't bothered to do the work it of figuring it out because why should he if he gets all the money without having to spend a half day in the office figuring it out well i don't i don't have to be