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PRESS RELEASE - Vivature

PRESS RELEASE advantage of by Borden Perlman who purposely and Dallas, Texas improperly mislead them on the products and February 27, 2017 services that were being provided. Additionally, the evidence showed that not only did Borden Perlman mislead administrators but Borden Perlman Vivature Secures Multi-Million breached its contract with Vivature and directly Dollar Settlement from Legal interfered with Vivature 's contractual obligations to Dispute with Borden Perlman serve these athletic departments. In many cases, the athletic departments were sold individual policies for Relating to the Protection of their student athletes that specifically excluded Collegiate Clients athletic related injuries but still resulted in Borden Perlman's brokers being paid commissions.

PRESS RELEASE Dallas, Texas February 27, 2017 Vivature Secures Multi-Million Dollar Settlement from Legal Dispute with Borden Perlman

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Transcription of PRESS RELEASE - Vivature

1 PRESS RELEASE advantage of by Borden Perlman who purposely and Dallas, Texas improperly mislead them on the products and February 27, 2017 services that were being provided. Additionally, the evidence showed that not only did Borden Perlman mislead administrators but Borden Perlman Vivature Secures Multi-Million breached its contract with Vivature and directly Dollar Settlement from Legal interfered with Vivature 's contractual obligations to Dispute with Borden Perlman serve these athletic departments. In many cases, the athletic departments were sold individual policies for Relating to the Protection of their student athletes that specifically excluded Collegiate Clients athletic related injuries but still resulted in Borden Perlman's brokers being paid commissions.

2 Examples of improper conduct included the brokers taking advantage of the athletic departments On February 6, 2017 Vivature , Inc. of Dallas, Texas regarding the repricing of certain school's medical obtained a multi million dollar settlement from a claims, which resulted in higher loss ratios and lawsuit filed against secondary insurance broker potentially skyrocketing future premiums, which not Borden Perlman Insurance Agency Inc. in Federal only could have caused financial damage to the Court in Dallas, Texas. The successful suit confirmed schools, but also resulted in improper and that the improper actions and unethical tactics undisclosed fees for Borden Perlman and Borden conducted by Borden Perlman representatives in the Perlman Health Advocates and some of Borden collegiate marketplace materially damaged Vivature Perlman's repricing partners like Occunet LLC.

3 And their clients. Borden Perlman's actions, during the suit, were so egregious that Borden Perlman was Administration of health care claims and insurance is monetarily fined six different times for almost a relatively foreign space for collegiate athletic $75,000 by 3 different Federal Judges. These departments, often times relegating this oversight to sanctions were related to Borden Perlman's conduct an assistant athletic trainer or an insurance in the case which included being caught and coordinator. Vivature believes this settlement admitting to perjury, providing false affidavits to the confirms that Borden Perlman preyed on this lack of Court, refusing to follow Court orders and having to knowledge, oversight and expertise in the space, admit to destroying evidence and providing false while interfering with Vivature 's contractual right to testimony by Kelly Myers, Tony Trombetta, and Jeff provide that expertise as a trusted third party Perlman (the Perlman of Borden Perlman).

4 Partner. Vivature CEO Muzzy Bass accepted the multi million . "I am pleased that justice was served today, said dollar settlement offer from Borden Perlman after Bass. We pursued this multi million dollar action, Vivature 's attorneys presented evidence over the and in the process, Borden Perlman representatives course of 36 months of hearings in a Dallas Federal were forced to admit under oath that on multiple Court. Notably, the settlement is not confidential occasions they and their fellow Borden Perlman and does not even contain a statement by Borden employees, had provided false testimony, breached Perlman where they deny doing exactly what they their contracts with us, interfered with our client's were accused of doing. Facts and testimony contracts, improperly obtained confidential illustrated that some of the colleges and universities, information, destroyed evidence, and perjured Vivature provides services to and serves as an themselves to the court.

5 Independent contractor for, had been taken PRESS RELEASE Additionally, Borden Perlman representatives plead the 5th amendment over 100 times during the proceedings to avoid further incrimination. While the settlement allowed for substantial payment to Vivature , most importantly Vivature believes the evidence established this secondary insurance company (Borden Perlman) claim of "we always do what is best for our clients" was in fact, false. I think this case has put a spotlight on the secondary insurance marketplace and will cause schools to take a long look at what their specific situation may look like and who is providing them with advice, continued Bass. We believe that the motivation by this broker was to find ways to make themselves more money at the expense of their clients.

6 We are pleased at the court's rulings, which we believe ultimately supported our case and protected our collegiate clients. Vivature is a fast growing company with hundreds of collegiate clients providing a variety of services to all levels of NCAA and NAIA schools. Vivature provides a significant new revenue stream and cuts medical costs for the athletic departments while improving record keeping and compliance. To date, this has resulted in universities generating millions of dollars in new revenue. For inquiries, please contact Lance Wilson, Executive Vice President at 972 687 1877 or


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