What is a compensation agreement? The compensation agreement is a separate contract that transfers the risk of the guarantee to the client. If the bondholder or any other part of the loan suffers a loss or injury, he may claim a right to the loan. If the fee is validated, the guarantee company will pay. In the insurance arena, the story would often end there if it included losses in the pricing of its products. However, with a guarantee, the client would sign a compensation agreement guaranteeing that the guarantee of the losses incurred is guaranteed in combination with a loan written on their behalf. Ruth filed a claim for compensation against Benjamin in dissolution proceedings to recover the legal fees and costs of the Candler trial. In the complaint, Ruth attempted to impose paragraph „1.E. “ of the MSA. After an investigation, the court dismissed the application. In this regard, the Family Court held that paragraph 1.E. of the MSA „did not support the surcharge and the costs of [Ruth] as the dominant party in the [Candler] process. That call has been made.
He asserts that we are also not convinced of Benjamin`s argument that the phrase „except as indicated“ in paragraph 1.E. is intended to exclude under-indebtedness and solicitor-how from compensation. This interpretation is contrary to the clear language of the treaty. „If a treaty is clear and unequivocal, „the language used in the treaty is the best evidence of the intent of the parties and the clear importance of these language controls.“ Anthony v. Anthony, 949 So. 2d 226, 227 (Fla.3d DCA 2007) (Citation Maher v. Schumacher, 605 So. 2d 481, 482 (Fla.3d DCA 1992) Here too, the provision says: „.
. . The parties are solely responsible for all debts and obligations in their sole name, which the others retain unscathed. This is Benjamin`s private loan from the Candler. Sometimes Benjamin`s debts come from the same source as Ruth`s bonuses on subjects and fees – Benjamin`s interest in the BDI. This does not mean, however, that Ruth`s omission and fee bonuses, which are debt-free, are the debts Ruth wants to be neutralized. On the contrary, Ruth was trying to be compensated for having to defend the BDI`s distributions against a name change to pay off Benjamin`s personal debts to the candles. As this is a direct matter for the detention provision, we find that Ruth is entitled to compensation. On May 18, 2010, Benjamin made a mortgage to David and Rosemary Candler1 (together „the candles“) for a personal loan of $100,000.00 („original“).