MEMORANDUM TO: Student FROM: Your Boss DATE: February 24, 2020 RE: Request for your assessment of our client's potential liability. As you know, our firm provides Insurance to small businesses. Among other things, your job is to help assess whether we might have any responsibility to pay a claim in the event something bad happens. I'd like your opinion about the following issue that's just come up. Our client Leon retired from the law practice he started in a small town in Nebraska to pursue his dream of moving to the big city and becoming a pastry chef. Since customers who enjoy a French patisserie seem to be in short supply in Nebraska, Leon relocated to Boston and hired us to be his insurance company. Five months later, Flaubert's (his petite patisserie) was well known and patronized by a number of local customers On a rainy day one April, Leon's part time baker Emma bustled into the shop. Fresh from an argument with her husband Charles about his suspicions that she was unfaithful, Emma (who was late for work) began to mix the ingredients for her specialty, Emma's exotic macarons. She was distracted while mixing the ingredients, as she'd thinking about the weekend she has planned with her lover Rod, a wealthy businessman who has promised to take her to his country home in the Berkshires for the weekend, Emma had met Rod in the shop, as he'd often come in for a coffee and pastry in the afternoons. They'd struck up a conversation, and things had progressed. Reaching for the almond flour while daydreaming about Rod, Emma instead took down a packet of arsenic left over from the shop's prior owner who had been a chemist and part time exterminator) and added it to the bowl. She then made a few dozen macarons, While the macarons were cooling, she received a text message from Rod telling her that he was sorry, but the weekend was off and they needed to talk. He then walked into the shop. Enraged, she pulled him into the alley behind the store, where they had a loud and vocal argument. Apparently, Charles' first wife Heloise had found out about their affair and had posted details about it on her Facebook page Suddenly, the door flew open and Charles came into the shop. He bellowed for Emma. It seems that Charles, who had a small medical practice, had a waiting room full of patients who had seen Heloise's Facebook post. Apparently, it's a pretty small neighborhood. Charles was enraged, and he got in an Uber and rushed to the bakery to confront his wife. Seeing her with Rod, he grabbed a muffin tin and threatened to beat Rod with it. Rod turned to run away, then pulled a small derringer from his pocket and shot Charles, killing him instantly. Emma screamed and ran into the street, where she was hit by a bus full of senior citizens on their way to the casino. Apparently, the bus driver, Polly Palsgraf, was distracted by a passenger who was hitting her with her purse) and never saw Emma run into the street. After hitting Emma, the bus skidded over a guardrail and plunged down a small ravine. Luckily, none of the passengers were injured. The police were called and arrested Rod. Detective Binet's assistant, Victor, had been taking witness statements and had skipped lunch. Victor saw the rack of macarons in the kitchen and ate three of them. He later died of arsenic poisoning Last week, two lawsuits were filed against Leon's bakery, Flaubert's. One by Victor's heirs; the second, by Polly Palsgraf. Both are alleging that Flaubert's was negligent, I'd like you to assess both claims and write me a memo giving me your opinion as to whether we might have to pay an insurance claim. HTML Editor