The Truth About BlackJack Cove
Updated: 2 days ago
The truth behind Pascal’s alleged use of hundreds of fake profiles in his war against 35-year Gallatin businessman and resident Bart Bagsby.
By: Bart Bagsby
I want to address directly the accusation that I committed insurance fraud. The alleged fraud stems from our secretary typing out a 20+ page, hand-written estimate from a subcontractor to submit to New Hampshire Insurance, owned by AIG; that they would not have accepted in that form. They failed to state that it was typed verbatim, with no changes whatsoever. No court ever found that I committed insurance fraud. There was no judgment against me for fraud. Instead, the Blackjack Cove case ended with New Hampshire Insurance Company paying us what we were owed, releasing Blackjack Cove and its owners from its claims, and agreeing that the federal lawsuit would be dismissed with prejudice. Those are the facts contained in the actual settlement agreement. See the full settlement agreement here.
The Full Settlement Agreement
For me, that outcome was the end of a long, faith-driven, biblical, David-and-Goliath fight between a small business and one of the world's largest insurance companies. We stood our ground, worked quietly and faithfully, and refused to give up when the constant challenges seemed insurmountable. My faith was the backbone of getting through that experience. For five-years we stood our ground. God was with us through a very difficult fight, and I remain grateful for the resources and strength He provided to us to see it through.
Because the settlement contains confidentiality provisions, there are details (including the amount paid by New Hampshire Insurance Company) that I cannot and will not disclose. I will honor the agreement we signed. But Sections 4 and 5 can speak for themselves: New Hampshire released Blackjack Cove, its owners, managers and related parties from the insurer's claims connected to the storm, insurance policy and litigation, and the parties agreed to dismiss the civil action with prejudice.
Settlement Agreement: Sections 4 and 5
The Backstory
Blackjack Cove purchased the marina on Old Hickory Lake in March 2009. Just days later, on April 2, a major storm damaged the property. New Hampshire Insurance Company insured the marina. According to the federal court's account of the case, the insurer's marine surveyor inspected the property twice, reviewed the storm-damage estimate and confirmed the damage included in it. New Hampshire subsequently paid Blackjack approximately $2.596 million, representing the estimate less the policy deductible. vLex
A dispute developed later when Blackjack submitted an additional claim. New Hampshire questioned aspects of the original and supplemental claims and filed litigation seeking declarations concerning its obligations under the policy. Blackjack Cove denied the allegations and filed counterclaims of its own. Importantly, the federal court's written opinion expressly described several of the factual issues uncovered during New Hampshire's investigation as disputed. vLex
In March 2014, the judge considered multiple summary-judgment motions. The court denied New Hampshire's first motion for partial summary judgment, granted part and denied part of Blackjack Cove's motion, and granted part and denied part of New Hampshire's second motion. In other words, the court did NOT issue a judgment declaring that I had committed insurance fraud. The remaining dispute ultimately ended through the settlement described above. Justia Law
That distinction is important. An allegation made during litigation is not a finding of guilt or wrongdoing. The documented conclusion of this case was a negotiated settlement in which New Hampshire Insurance Company released its claims against Blackjack Cove and its owners and agreed to dismissal of the lawsuit with prejudice.
That is the record, and it is why I am comfortable putting the documents in front of people and allowing the facts to speak for themselves.
Bart
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