Maxus Realty Trust Inc. - Current report filing (8-K)
19 Maio 2008 - 5:48PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of
Report (Date of earliest even reported): May 19, 2008
Maxus
Realty Trust, Inc.
(Exact
name of registrant as specified on its charter)
MISSOURI
|
000-13457
|
48-1339136
|
(State
or other jurisdiction of
incorporation)
|
(Commission
File
Number)
|
(IRS
Employer Identification No.)
|
104
Armour Road
North
Kansas City, Missouri 64116
(Address
of principal executive offices) (Zip Code)
(816)
303-4500
(Registrant’s
telephone number, including area code)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
o
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
o
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
o
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
o
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Pre-commencement
communications pursuant to rule 13e-4(c) under the Exchange Act (17 CFR
240.14e-r(c))
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Item
8.01 Other Events.
On May 19, 2008, Maxus Realty Trust,
Inc. (the “Trust”) agreed to a settlement and release Agreement in principle
with RSUI Indemnity Company (“RSUI”), pursuant to which the Trust agreed to
dismiss with prejudice the lawsuit it filed against RSUI on September 7, 2006 in
the United States District Court for the Western District of Missouri (Case No.
06-0750-CV-W-ODS), in exchange for a cash payment from RSUI of $4.25
million
.
The
lawsuit alleged breach of contract and vexatious refusal by RSUI for its failure
to fulfill its indemnity obligations under the commercial property insurance
policy issued to the Trust by RSUI covering Waverly Apartments, located in Bay
St. Louis, Mississippi, which was damaged by Hurricane Katrina. The
Trust had requested relief from the court for (i) compensatory damages in an
amount to be determined at trial, including interest and special damages, (ii)
pre-judgment and post-judgment interest on such compensatory damages and (iii)
all of our costs in bringing the action including attorneys’ fees.
The Trust
had previously received a check in the amount of $344,557 from RSUI on October
25, 2006. The lawsuit was set for trial on May 19,
2008.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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MAXUS
REALTY TRUST, INC.
|
|
|
|
|
|
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Date: May
19, 2008
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By:
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/s/ David
L. Johnson
|
|
|
David
L. Johnson
Chairman
of the Board, President and Chief
Executive
Officer
|
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