HomeMy WebLinkAbout99-00939
5. The insurance policies, coverages and services provided by Plaintiff to Defendant
included errors and ommissions (professional liability coveragc).
6. Upon cancellation of the policies, an audit was performed on the Defendant's policies
which resulted in an audit credit due to Defendant.
7. Plaintiff mistakenly issued both a cancellation credit of$3,756.00 and an audit credit
of$3,754.00, for a total amount of$7,510.00, and sent that credit in the form ofa payment to
Defendant.
8. Plaintiff discovered that it had issued a cancellation credit to Defendant which was
unearned by Defendant and that the only credit due Defendant was the audit credit of $3,754.00.
9. On September 10,1998, Plaintiff contacted Defendant by letter requesting that the
Defendant return the sum of $3,756.00, that being the cancellation credit that was erroneously
paid to Defendant.
10. Despite repeated requests by Plaintiff to Defendant to return the surns that were
erroneously paid to Defendant, Defendant has failed or refused to repay Plaintiff for those sums
erroneously paid.
12. The amounts charged by Plaintii'fto Defendant for all of the insurance policies,
coverages, and services rendered to Defendant are the fair amounts for those insurance policies,
coverages, and services at the time such items were provided and are the amounts which
Defendant agreed to pay for such items.
13. Defendant has, by its failure to repay Plaintiff for the erroneously paid cancellation
credit, breached the terms of the agreement between the Plaintiff and Defendant.
BYERLY
INCORPORATED "'
Tekmark computer Services
6 Precedent Place
Manalapan, NJ 07726
Attn: Ann Mark
september 10,1998
Dear Ann:
We recently sent a check to you in error. The check was In the
amount of $7,510. we had unfortunately processed both a
cancellation credit of $ 3,756 and an audit credit Of $3,754 on your
professional liability policy. Only tile audit credit of $3,754 should
have been processed.
Enclosed is an Invoice In the amount of $3,756 which is the amount
that should not have ben credited. Kindly remit payment. If you have
any questions concerning ttlis Information, contact Rick Atkinson or
me.
Sincerely,
Janice Etshied
A CU"'!lfdl"",,;"" hl\rmmrr, Hi{k MIHlfltrrmfnl (HId Finandal S"IV;U'.I (.'mn/m'l)'.
525 NORTH 12TH STREET' P.O. BOX 525 . LEMOYNE. PA 17043.0525 . (717) 761.4010 . 1.800.872.1127 . FAX (717) 761.4320
www.byerlylns.com
ro.;::;\
;/V VI
^-.J
'",
"v
(:-,
~\
>~ ('oj
cr ,::
f~ c. "','
....
I.lJ~~ ..:J :;-.1 ,,' .~
~2/': 1, cO
H:: ~:: o ^ )
c:.
),'..... ) i\ .'
( . , :~ 'jJ
C.il, r'~" .t;) ....._.......J
:'1' J .~..: ~
G.:l'. en I[U
1..t.J
f- L._ ~... ; (l.. ~
I , m ......:.
6 ::-)
0) U "-
....:.;
\0\
','}..
i
'v] (:)
._/ r(', ~
)
--- r<0) (S.o
('~ \( ~
rll I:'---
'\1.
(~) "\') ~<
....._...1
IfI ~
I.l ~
~ ~ E ~
>Q:q ~
. ; ~ = ~
.... .. ~
>- =.. z
. ~ t:.l Z
~ S P
.< ~ ~ J
= r- .. g
o < g _
H
:;;:
.
~
~
."M,
VEIU IIICATION
ANN B. MARK, being duly sworn uccording to 11IW, dcposcs lInd says that she is the
President ofTEKMARK COMPUTER SER VICES, INC., II Ncw Jcrscy corporation, the
Defendant herein, and that us such olliccr. shc is lIuthorizcd to makc this verification on its
behalf and that the filcts sctlllrlh in thc flll'going unswcr urc truc and correct to the best of her
I
I
I
I
I
I
,
,
I
I
I
I
I
I
i
i
I
I
I
i
I
,
i
i
I
I
I
I
I
I
I
I'
1
I
I
1
I
I
knowledge, information and belicl: lInd fhrlhcr understands that false statements herein are
made subject to the pcnaltics or 18 I'll, C.S. Scction 4904, rclating to unsworn falsifiaction to
authorities.
TEKMARK COMPUTER SERVICES, INC.
-t~
BY:
ANN B. MARK
President