IN THE CIRCUIT COURT OF COOK COUNTY. ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION. \

Size: px
Start display at page:

Download "IN THE CIRCUIT COURT OF COOK COUNTY. ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION. \"

Transcription

1 IN THE CIRCUIT COURT OF COOK COUNTY. ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION. \ / CONTINENTAL CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY, TRANSPORTATION INSURANCE COMPANY, and CONTINENTAL INSURANCE COMPANY, Plaintiffs, v. No. 04 CH 1708 BORGWARNER INC., BURNS INTERNATIONAL SERVICES CORP., YORK INTERNATIONAL CORPORATION, FLOWSERVE US INC., CENTURY INDEMNITY COMPANY, ROYAL INDEMNITY CO., TRAVELERS CASUALTY & SURETY CO., CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, CERTAIN LONDON MARKET COMPANIES (INCLUDING CF & AU GROUP A POOL, CF & AU GROUP B POOL, EXCESS INSURANCE COMPANY LTD., ICAROM PLC. (FORMERLY INSURANCE CORPORATION OF IRELAND), PRUDENTIAL ASSURANCE COMPANY LTD., RIVER THAMES INSURANCE COMPANY LTD., THE ANGLO SAXON INSURANCE ASSOCIATION, THE DOMINION INSURANCE COMPANY LTD., VANGUARD INSURANCE COMPANY LTD. AND WORLD AUXILIARY INSURANCE CORPORATION LTD.), UNIGARD INSURANCE CO. and IMPERIAL CASUALTY AND INDEMNITY CO., Defendants. SECOND AMENDED VERIFIED COMPLAINT FOR DECLARATORY RELIEF Plaintiffs Continental Casualty Company ("CCC"), Columbia Casualty Company ("Columbia"), Transportation Insurance Company ("Transportation") and Continental Insurance Company ("CIC") (collectively, "Plaintiff-Insurers") allege the following:

2 INTRODUCTION AND SUMMARY 1. Plaintiff-Insurers issued a number of primary-level and excess general liability policies to Borg-Warner Corporation (the "Insured"). On information and belief, Defendants Borg Warner Inc. ("Borg Warner" or "BorgAuto"); Burns International Services Corp. ("Burns"); Borg-Warner Automotive Morse TEC Corp. ("TEC"); Flowserve Corporation, Flowserve US Inc., Flowserve International Inc. (collectively "Flowserve"): and York International Corporation ("York") assert rights under those policies. The Defendants named in this paragraph will be referred to as "Defendant Borg-Related Entities." 2. On information and belief, the Insured had many subsidiaries, affiliates and/or divisions, several of which manufactured, distributed. or sold products containing asbestos. Among those products were auto parts (brakes and clutches), pumps and gaskets. 3. Beginning in the early 1980s, the Insured was sued by plaintiffs alleging that the Insured's asbestos-containing products had caused them to suffer bodily injury, sickness and disease, including mesothelioma, lung cancer and asbestosis. 4. Pursuant to a series of claim handling agreements, and with the knowledge and acquiescence of the Insured, BorgWarner and others asserting rights under the policies. Plaintiff-Insurers and the Insured's other primary insurance carriers defended the Insured and the Defendant Borg-Related Entities against the asbestos claims and paid for settlements. 5. Beginning in approximately the number of asbestos claims against the Insured and the Defendant Borg-Related Entities increased greatly, as did the number and total dollar value of the settlements. 6. Plaintiff-Insurers have exhausted the occurrence limits for asbestos bodily injury claims in the applicable primary insurance policies they issued to the Insured. The total of such limits is $12.8 million. -2-

3 7. On information and belief, all of the Insured's other primary insurers have asserted that they have exhausted either or both of their occurrence and aggregate limits for asbestos bodily injury claims in the primary policies they issued to the Insured. 8 Under the prevailing case law in Illinois, "the continuing process of the manufacture and sale of asbestos containing products" constitutes a single occurrence for purposes of construing general liability insurance policies similar to those at issue in this action. United States Gypsum Co. v. Admiral Ins. Co III. App. 3d 598, 650 (1st Dist. 1994). 9. On information and belief, Defendant Borg-Related Entities disagree with Plaintiff-Insurers that their asbestos bodily injury claims constitute a single occurrence under the policies issued by Plaintiff-Insurers and other insurers. Instead, Defendant Borg-Related Entities take the position that their asbestos bodily injury claims are subject only to the aggregate limits in those policies. 10. Plaintiff-Insurers and other insurers have issued a number of "umbrella" and other excess policies to the Insured, which are triggered upon exhaustion of underlying li mits. Plaintiff-Insurers have continued to participate in payment of indemnity and defense costs for asbestos bodily injury claims brought against the Insured and the Defendant Borg- Related Entities. To date. on information and belief, certain other umbrella and excess insurers have been unwilling to participate in a continuation of the claim handling agreements to defend and indemnify the Insured and Defendant Borg-Related Entities with respect to asbestos bodily injury claims. 11. The issues above and others require coverage interpretations by this Court in a declaratory judgment action.

4 PARTIES, JURISDICTION AND VENUE 12. Plaintiff-Insurers CCC, Columbia and Transportation are corporations organized under the laws of the State of Illinois. Plaintiff CIC is a corporation organized under the laws of the State of New Hampshire. CCC, Columbia, Transportation and CIC all have their principal place of business in the State of Illinois. They are now and were at all times relevant to this Complaint licensed or authorized to issue insurance policies in the State of Illinois. 13. On information and belief, Defendant BorgWarner is a corporation existing under the laws of the State of Delaware with its principal place of business now located in Detroit, Michigan. On information and belief, BorgWarner asserts rights under insurance policies issued to the Insured by Plaintiff-Insurers and other insurer defendants in this action. 14. On information and belief, Defendant Burns is a corporation existing under the laws of the State of Delaware with its primary place of business in Chicago, Illinois. It is licensed and authorized to do business in the State of Illinois. On information and belief, Burns asserts rights under insurance policies issued to the Insured by Plaintiff-Insurers and other insurer defendants in this action. 15. On information and belief, Defendant TEC is organized under the laws of the State of Delaware. It has its principal place of business in Irving, Texas. On information and belief and based on the discovery produced to date, TEC was formerly licensed and authorized to do business in the State of Illinois under the name of Borg-Warner Automotive Transmission & Engine Components Corporation and BW-Transmissions & Engine Components Corporation. On information and belief, TEC asserts rights under insurance policies issued to the Insured by Plaintiff-Insurers and other insurer defendants in this action. 16. On information and belief, Defendant Flowserve Corporation is organized under the laws of the State of New York with its principal place of business in Texas. On -4-

5 information and belief and based on the discovery produced to date, Flowserve Corporation is the parent of Flowserve US Inc. and Flowserve International Inc. On information and belief, Flowserve Corporation asserts rights under insurance policies issued to the Insured by Plaintiffinsurers and other insurer defendants in this action. 17. On information and belief, Defendant Flowserve US Inc. is a corporation existing under the laws of the State of Delaware with its primary place of business in Irving, Texas. It is licensed and authorized to do business in the State of Illinois. On information and belief Flowserve US Inc. asserts rights under insurance policies issued to the Insured by Plaintiff-Insurers and other insurer defendants in this action. 18. On information and belief, Defendant Flowserve International Inc. is organized under the laws of the State of Delaware with its principal place of business in Irving, Texas. On information and belief and based on the discovery produced to date, Flowserve International Inc. was formerly licensed and authorized to do business in the State of Illinois under the name of Borg-Warner Industrial Products. Inc. and BWIIP International, Inc. On information and belief, Flowserve International Inc. asserts rights under insurance policies issued to the Insured by Plaintiff-Insurers and other insurer defendants in this action. 19. On information and belief, Defendant York is a corporation existing under the laws of the State of Delaware with its primary place of business in York. Pennsylvania. It is licensed and authorized to do business in the State or Illinois. On information and belief, York asserts rights under insurance policies issued to the Insured by Plaintiff-Insurers and other insurer defendants in this action. 20. On information and belief, Defendant Century Indemnity Company ("Century") is a corporation organized under the laws of the State of Pennsylvania and has its principal place of business in Pennsylvania. Century and/or its predecessors. Indemnity

6 Insurance Company of North America, Insurance Company of North America and CCI Insurance Company (collectively, "Century"), is now and was at all times relevant to this Complaint licensed or authorized to issue insurance policies in the State of Illinois. 21. On information and belief, Defendant Royal Indemnity Co. ("Royal") is a corporation organized under the laws of the State of Delaware. Roy& has its principal place of business in the State of North Carolina. It is now and was at all times relevant to this Complaint licensed or authorized to issue insurance policies in the State of Illinois. 22. On information and belief. Defendant Travelers Casualty & Surety Co. ("Travelers") is the successor-in-interest of the Aetna Casualty and Surety Co. ("Aetna"). Travelers is a corporation organized under the laws of the State of Connecticut. Travelers has its principal place of business in the State of Connecticut. Both Aetna and Travelers are now and were at all times relevant to this Complaint licensed or authorized to issue insurance policies in the State of Illinois, 23. On information and belief, Defendant Certain Underwriters at Lloyd's, London are persons, syndicates. corporations and/or other business entities existing under the laws of some sovereign power or are individual underwriters at Lloyd's, London, that have subscribed to. or reinsured-to-close, one or more insurance policies issued to the Ensured. The subscribing entities are collectively refetted to as "Certain Underwriters at Lloyd's London." Certain Underwriters at Lloyd's London are now and were at all times relevant to the Complaint licensed or authorized by various states, including Illinois, to issue insurance policies, including comprehensive general liability insurance policies. 24. Defendants Certain London Market Companies including: CF & AU Group A Pool. CF & AU Group B Pool. Excess Insurance Company Ltd.. ICAROM Plc. (formerly Insurance Corporation of Ireland), Prudential Assurance Company Ltd., River Thames -6-

7 Insurance Company Ltd., The Anglo Saxon Insurance Association, The Dominion Insurance Company Ltd., Vanguard Insurance Company Ltd. and World Auxiliary Insurance Corporation Ltd. and certain other persons or entities unknown to Plaintiff-Insurers, are corporations and other business entities that are licensed or authorized by various states, including Illinois, to issue insurance policies, including comprehensive general liability insurance policies. 25. On information and belief, Defendant Unigard Insurance Co. ("Unigard") is a corporation organized under the laws of the State of Washington. Unigard has its principal place of business in the State of Washington. Unigard is now and was at all times relevant to this Complaint licensed or authorized to issue insurance policies in the State of Illinois. 26. On information and belief, Defendant Imperial Casualty and Indemnity Company ("Imperial") is a corporation organized under the laws of the State of Nebraska. Imperial has its principal place of business in the State of Nebraska. It is now and was at all ti mes relevant to this Complaint licensed or authorized to issue insurance policies in the State of Illinois. 27. The Court has personal jurisdiction over defendants because they are domiciled and/or licensed to do business and/or are doing business in the State of Illinois. In addition, the court has personal jurisdiction over the out-of-state insurer defendants pursuant to 735 ILCS 5/2-209 because each such defendant is or was transacting business in the State of Illinois within the time periods relevant to the causes of action stated herein and contracted to insure persons, property or risks located in the State of Illinois. 28. Venue is proper in Cook County pursuant to 735 ILCS 5/2-)0I because Defendant BorgWarner was headquartered in Chicago at the time the original Complaint was filed and because. pursuant to 735 II,CS 5/2-103(e). defendant insurance companies are "doing business" within the State of Illinois.

8 PRIMARY POLICIES 29. On information and belief. Defendant Century issued primary general liability insurance policies to the Insured between 1951 and On information and belief, the policy number, policy period and policy limits of those policies (the "Century Primary Policies") were as follows: Policy No. LB /1/51-1/1/54 Poli' PeriodPolley' Limits $300,000 occurrence, $300,000 annual aggregate LB /1/54-1/1/57 LB /1/57-9/1/57 $1,000,000 occurrence. $1,000,000 annual aggregate $1.000,000 On information and belief, Defendant Borg Warner has alleged that Defendant Century also issued Policy No. LB to the Insured, with policy limits of $1,000,000, for the policy period of September to September 1, On information and belief, Defendant Royal issued primary general liability insurance policies to the Insured between 1958 and On information and belief, the policy number, policy period and policy limits (both occurrence and aggregate) of those policies (the "Royal Primary Policies") were as follows: Policy No. Police Period Policy Limits RIXi /1/58-9/1/61 RLG /1/61-9/1/64 RTG /1/64-9/1/65 RTG /1/65-9/1/66 $300,000 occurrence, 5300,000 annual aggregate 5300,000 occurrence, $300,000 annual aggregate $300,000 occurrence, $300,000 annual aggregate $ occurrence, $300,000 annual aggregate -8-

9 RTG /1/66-9/1/67 $300,000 occurrence. $ annual aggregate RTG /1/67-9/1/68 $300,000 occurrence, $300,000 annual aggregate 31. Plaintiff CIC issued primary general liability insurance policies to the Insured between 1969 and The policy number, policy period and policy limits of those policies (the "CIC Primary Policies") were as follows: Policy No. Policy Period Policy Limits L /1/69-9/1/73 $300,000 occurrence, $300,000 aggregate 9/1/73-9/1/74 $ occurrence, (changed by endorsement) $500,000 aggregate L /1/74-9/1/75 $300,000 occurrence, $500,000 aggregate (Copies of the CIC Primary Policies and relevant endorsements are attached as Group Exhibit A.) 32. On information and belief, Aetna, a predecessor-in-interest to Defendant Travelers, issued primary general liability insurance policies to the Insured. On information and belief, the policy number, policy period and limits of those policies (the "Travelers Primary Policies") were as follows: Policy No. Policy Period Policy Limits 08 AL SCA 9/1/75-1/1/77 $ occurrence, $500,000 annual aggregate 08 AL SCA 1/1/77-1/1/79 $1.000,000 occurrence, $4,500,000 annual aggregate 33. Plaintiff-Insurers CCC and Transportation issued primary general liability insurance policies to the Insured between 1979 and The policy number, policy period and policy limits of those policies (the "CCC and Transportation Primary Policies") were as follows: -9-

10 Policy No. CCP (CCC) Policy Period L'1/79-1/1/86 Policy Limits $1,000,000 occurrence, $4,500,000 aggregate CCP (Transportation) 1/1/86-1/1/88 $2,000,000 occurrence, $4,500,000 aggregate, both years subject to a retrospective rating plan (after 1/1/88, policies had an asbestos exclusion in them) (Copies of the CCC and Transportation Primary Policies and relevant endorsements are attached as Group Exhibit B - marginalia on version produced by BorgAuto.) UMBRELLA POLICIES 34. In general liability insurance terms, "umbrella" policies are policies of general liability insurance that exist immediately above the primary policies and are triggered upon exhaustion of the applicable limits of the primary policies. 35. On information and belief, Defendants Certain Underwriters at Lloyd's. London and Certain London Market Companies (collectively "London Market Insurers") issued a series of umbrella policies to the Insured between January 1, 1951 and September 1, 1964 and between January and January 1, Policy numbers, policy periods and policy limits of those policies (the "London Market Insurers Umbrella Policies") are not known. 36. On information and belief, Defendant Royal issued umbrella policies to the Insured between 1964 and On information and belief, the policy number, policy period and policy limits of those policies were as follows: Policy No. RLA RLA Policy Period 9/1/64-9/1/67 9/1/67-10/1/69 Policy Limits $20,000,000 occurrence, $20,000,000 annual aggregate $ occurrence, $20,000,000 annual aggregate

11 37. Plaintiff CIC issued an umbrella policy to the Insured beginning in 1969 and continuing until cancelled, which occurred on September 1, This policy was originally issued with $5, occurrence and aggregate limits. These amounts changed by endorsement to $50,000,000 on September 1, The policy number, policy period and policy limits of this policy (the "CIC Umbrella Policy ) were as follows: Policy No. LX Policy Period 1011/69 until cancelled, cancelled as of 9/1/73 Policy Limits As issued: 55,000,000 occurrence, $5,000,000 aggregate Changed by endorsement to $50,000,000 occurrence, $50,000,000 aggregate, effective 9/1/71 (Copies of the CIC Umbrella Policy and relevant endorsements are attached as Exhibit C.) 38. On information and belief, Home Insurance Company, which has been placed in liquidation by the New Hampshire Department of Insurance and for that reason is not named as a defendant in this action. issued an umbrella policy to the Insured in On information and belief, the policy number, policy period and policy limits (both occurrence and aggregate) of that policy (the "Home Umbrella Policy") were as follows: Policy No. Policy Period Policy Limits HEC /1/73-9/1/74 $50.000,000 occurrence, $50,000,000 annual aggregate 39. On information and belief, Defendant Unigard issued an umbrella policy to the Insured in On information and belief, the policy number, policy period and policy li mits (both occurrence and aggregate) of that policy (the "Unigard Umbrella Policy") were as follows: Polio' No.Policy Period Policy Limits /1/74-9/1/75 $50,000,000

12 40. On inamnation and belief, Defendant Imperial issued umbrella policies to the Insured between 1977 and On information and belief the policy number. policy period and policy limits of those policies (the "Imperial Umbrella Policies") were as follows: Policy No. Policy Period Policy Limits UL /1/75-2/21/77 $10,000,000 occurrence, $10.000,000 annual aggregate UL /21/77-1/1 78 $5,000,000 occurrence, $5,000,000 aggregate UL /1/78-1/1/79 $ occurrence, $5,000,000 aggregate 41. Plaintiff Columbia issued umbrella policies to the Insured between 1979 and The policy number, policy period and policy limits of those policies (the "Columbia Umbrella Policies") were as follows: Policy No. Policy Period Policy Limits RDU /1/79-1/1/82 $5,000,000 occurrence, $5,000,000 aggregate UMB /1/82-1/1/83 $5,000,000 occurrence, $5,000,000 aggregate UMB /1/83-1/1/86 Occurrence limits for the policy period beginning 1/1/83 were $ and were reduced to $10,000,000. effective 1/1/84; and reduced still further to $5,000,000, effective 1/1/85. Aggregate limits were $25.000,000 fur , reduced to $10,000,000 for and reduced still further to $5,000,000 for (Copies of the Columbia Umbrella Policies and relevant endorsements are attached as Group Exhibit D.) -12-

13 IIIGHER-LEVEL EXCESS POLICIES 42. Plaintiff Columbia also issued a higher-level excess policy to the Insured. The policy number, policy period and policy limits of that policy (the "Columbia Higher-Level Excess Policy") were as follows: Policy No. Policy Period Policy Limits RDX /21/77-1/1/78 $5,000,000 combined single limit Part of $20.000,000 XS $30,000,000 XS Primary (Copies of the Columbia Higher-Level Excess Policy and relevant endorsements are attached as Exhibit E.) 43. On information and belief and based on discovery produced to date. PlaintifICCC also issued higher-level excess policies to the Insured. As issued, the policy number, policy period and policy limits of those policies (the "CCC Higher-Level Excess Policies") were as follows: Policy No. Policy Period Policy Limits RDX /1/69-1 i/1170 $5,000,000 combined single limit XS $5,000,000 XS underlying insurance RDX /1/70-11/1/73, $5,000,000 combined single limit cancelled as of XS $5,000,000 9/1/71 XS underlying insurance RDX /1/68-7/1/71 RDX /1/71-9/1/71 $5,000,000 combined single limit Part of $30, XS $20,000,000 XS underlying insurance $5,000,000 combined single limit Part of $30,000,000 XS $ XS underlying insurance

14 (Copies of the CCC Higher-Level Excess Policies and relevant endorsements are attached as Group Exhibit F - marginalia on version produced by BorgAuto.) 44. On information and belief and based on discovery produced to date. Harbor Insurance Company ("Flarbor") also issued a higher-level excess policy to the Insured. CIC is the successor-in-interest to the policy issued by Harbor. As issued, the policy number, policy period and policy limits of the Harbor policy (the "Harbor Higher-Level Excess Policy") were as follows: Policy No, Policy Period Policy Limits HI /1/84-1/1/85, cancelled as of 5/1/84 $20,000,000 occurrence and aggregate limits Part of $50,000,000 XS $100, XS underlying limits (Copies of the Harbor Higher-Level Excess Policy and relevant endorsements are attached as Exhibit G.) 45. On information and belief, the Insured also had higher-level excess policies above the umbrella-level from other companies. Because of their relatively high attachment points, those policies have not been named in this Complaint. UNDERLYING ASBESTOS CLAIMS AND SETTLEMENTS 46. For more than two decades, the Insured and/or Defendant Borg-Related Entities have been named defendants in many thousands of lawsuits alleging bodily injury from asbestos-containing products manufactured, sold or distributed by the Insured ("Asbestos Lawsuits"). 47. These Asbestos Lawsuits have been defended and many of them have been settled pursuant to a succession of claims-handling and/or cost-sharing agreements among primary insurers of the Insured, including Plaintiff-Insurers and Defendants Century. Royal and -14-

15 Travelers. BorgWarner was aware of these claims-handling and cost-sharing agreements and regularly participated in discussions with the primary insurers concerning defense and settlement of individual claims. 48. On information and belief, as a result of its participation in these claimshandling and/or cost-sharing agreements, Defendant Century alleges that it has exhausted the occurrence and/or atzgregate limits of its acknowledged primary insurance policies by making indemnity payments to settle certain Asbestos Lawsuits on behalf of the insured. 49. On information and belief, as a result of its participation in these claimshandling and/or cost-sharing agreements, Defendant Royal alleges that it has exhausted the occurrence and aggregate limits of its primary insurance policies by making indemnity payments to settle certain Asbestos Lawsuits on behalf of the Insured. 50. As a result of its participation in these claims-handling and/or cost-sharing agreements, Plaintiff CIC has exhausted the occurrence and aggregate limits of its primary insurance policies and the occurrence limits of its primary insurance policies by paying a total of at least $1,800,000 in indemnity payments to settle certain Asbestos Lawsuits on behalf of the Insured. 51. On information and belief, as a result of its participation in these claimshandling and/or cost-sharing agreements, Defendant Travelers alleges that it has exhausted the occurrence limits and certain of the aggregate limits in its primary insurance policies by making indemnity payments to settle certain Asbestos Lawsuits on behalf of the Insured. 52. As a result of its participation in these claims-handling and/or cost-sharing agreements, Plaintiff-Insurers CCC and Transportation have exhausted the occurrence limits of their primary insurance policies by paying a total of at least $11,000,000 in indemnity payments to settle certain Asbestos Lawsuits on behalf of the Insured. -15-

16 53. Plaintiff-Insurers, certain other umbrella insurers, BorgWarner and York. and other defendants continue to participate in cost-sharing agreements for the defense and indemnification of the Insured against the Asbestos Lawsuits. Plaintiff-Insurers have also participated in payment of indemnity and defense costs for the Asbestos Lawsuits brought against the Insured and other Defendant Borg-Related Entities. CORPORATE SUCCESSORSHIP ISSUES 54. On information and belief, the Insured and Defendant Borg-Related Entities have been sued in the Asbestos Lawsuits because of plaintiffs' alleged exposure to and resulting bodily injury from a range of asbestos-containing products manufactured, sold or distributed by different divisions or subsidiaries or affiliates of the Insured. 55. On information and belief, among the asbestos-containing products allegedly manufactured, sold or distributed by different divisions or subsidiaries or affiliates of the Insured were auto parts (brakes and clutches), pumps and gaskets. On information and belief, among the various divisions, subsidiaries or affiliates of the Insured which manufactured, sold or distributed asbestos-containing products were Borg-Warner Automotive, Inc., Borg- Warner Industrial Products, Byron-Jackson Pump Division, York International. Fedders, and Norge. Inc. 56. Upon information and belief, on December 31, 1987, the Insured was li quidated and Borg-Warner Holdings Corp. and its subsidiaries acquired all oldie assets and liabilities of the Insured. On January 25, 1988, Borg-Warner Holdings Corp. changed its name to Borg-Warner Corp. ("Borg-Warner II"). After further name changes in 1993 and Borg- Warner II became Burns.

17 57. Upon information and belief. on December 31, 1987, after the Insured transferred all assets and liabilities, it merged into BW-Transmissions & Engine Components Corp. After a series of name changes, this entity became TEC in Upon information and belief, in or about 1987, BW-Automotive Corp. was incorporated as a subsidiary of the Insured. BW-Automotive Corp. was sold through a stock sale to Borg-Warner Holdings Corp. (now Burns) in the 1987 liquidation of the Insured. BW- Automotive Corp. changed its name to Borg-Warner Automotive, Inc. in 1988 and was spun off through a stock sale and became an independent company in Borg-Warner Automotive, Inc. then changed its name to BorgWarner Inc. in 2000 after it merged with its subsidiary of the same name. Upon information and belief, TEC is a subsidiary of BorgWarner Inc. 59. Upon information and belief, Borg-Warner Air Conditioning, Inc. was incorporated in 1983 as a subsidiary of the Insured and spun off through a stock sale in 1985 to become an independent company. This entity changed its name to York Operating Company, which then merged into a holding company that, after a name change. became York. 60. Upon information and belief. Borg-Warner Industrial Products. Inc. was incorporated in 1983 as a subsidiary of the Insured and sold to a third party through a stock sale in After several name changes and mergers, Borg-Warner Industrial Products, Inc. became Flowserve International Inc., which is a subsidiary of Flowserve Corporation. 61. Upon information and belief, Flowserve US Inc. is an affiliate of Flowserve International Inc. and a subsidiary of Flowserve Corporation. 62. On information and belief, none of the Plaintiff-Insurers was ever requested by the Insured to give its consent to any assignment of interest under any policies of insurance issued to the Insured.

18 63. None of the Plaintiff-Insurers has ever given its consent to any assignment of interest in the insurance policies they issued to the Insured (as required by conditions in their respective policies for any such assignment to be effective). FIRST CAUSE OF ACTION Declaration That The Occurrence Limits For The Policies Issued By The Plaintiff-Insurers Apply To The Asbestos Lawsuits Because The "Continuing Process Of The Manufacture And Sale Of Asbestos Containing Products" Constituted A Single Occurrence Under The Policies 64. Plaintiff-Insurers incorporate by reference in this First Cause of Action all allegations in this Complaint, including Exhibits attached hereto. 65, The CIC Primary Policies (see I 31, supra) define "occurrence" as "an accident or event including exposure to conditions whether continuous or repeated. which results during the policy period, in personal injury or property damage, neither expected nor intended." 66. The CCC and Transportation Primary Policies (see 33. supra) define "occurrence" as "an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured." 67. The CIC Umbrella Policy (see 37, supra) defines "occurrence" as "an event or continuous repeated exposure to conditions. which unexpectedly or unintentionally results in 'personal injury.' 'property damage' or 'advertising liability' during the policy period. All such exposure to substantially the same general conditions or arising from the same cause shall be deemed one 'occurrence."' 68. The Columbia Umbrella Policies (see s 41, supra) define "occurrence" as "an accident, including injurious exposure to conditions, which results, during this policy period, in such personal injury. or property damage neither expected nor intended from the standpoint of -18-

19 the insured. All ultimate net loss arising out of continuous or repeated exposure to substantially the same conditions shall be considered as arising out of one occurrence," 69. In Gypsum. 268 Ill. App. 3d at 650, the First District ruled that the continuing process of the manufacture and sale of asbestos containing products" constituted a single occurrence for purposes of construing several liability insurance policies with language similar to that in the Plaintiff-Insurers' Primary and Umbrella Policies. Although the precise issue in Gypsum concerned application of a deductible, the policy language interpreted by the court was substantially the same as the policy language in the Primary and Umbrella Policies issued by Plaintiff-Insurers. 70. The common allegations in the Asbestos Lawsuits and the causal factor that leads to alleged liability for the Insured is that each plaintiff allegedly suffered bodily injury as a result of exposure to asbestos-containing products manufactured, sold or distributed by the Insured. WHEREFORE, Plaintiff-Insurers pray for a declaration that the occurrence limits in their respective policies apply to the Asbestos Lawsuits and that the Insured's manufacture, distribution or sale of asbestos-containing products constituted a single occurrence under each of the policies issued by Plaintiff-Insurers. SECOND CAUSE OF ACTION Declaration That The Occurrence Limits In The Primary Policies Issued By Plaintiff-Insurers Are Exhausted By Virtue Of Payments Of Indemnity In The Asbestos Lawsuits On Behalf Of The Insured And That The Occurrence And/Or Aggregate Limits For Certain Umbrella Policies Issued By Plaintiff-Insurers Are Exhausted By Payments Of Indemnity And Defense Costs On Behalf Of The Insured 71. Plaintiff-Insurers incorporate by reference in this Second Cause of Action all allegations in this Complaint, including Exhibits attached hereto.

20 72. The occurrence limits in the C1C Primary Policies (see 31, supra) total $1.800, The occurrence limits in the CCC and Transportation Primary Policies (see If 33. supra) total $11,000, As a consequence of participating (with the knowledge and acquiescence of the Insured and Borg Warner) in various cost-sharing and claims-handling agreements for the Asbestos Lawsuits, Plaintiff-Insurers have paid out in settlements the full occurrence limits in their respective Primary Policies for asbestos bodily injury claims. C1C exhausted its $1.800,000 in occurrence limits for asbestos bodily injury claims in approximately August CCC and Transportation exhausted their $ ,000 in occurrence limits for asbestos bodily injury claims in approximately April As a consequence of paying indemnity and defense costs pursuant to various cost-sharing agreements with certain umbrella insurers and BorgWarner and York, and as a result of paying defense costs and indemnity for other Asbestos Lawsuits against the Insured and/or Defendant Borg-Related Entities, CIC and Columbia have exhausted their occurrence li mits for five umbrella policies, as follows: (a) the $5,000,000 occurrence limit of Columbia Policy No. RDU (1/1/791/1/82) was exhausted in approximately December 2003; (b) the $5,000,000 occurrence limit of CIC Policy No. LX (10/1/69-9/1/71) was exhausted in approximately March 2004; (c) the $5,000,000 occurrence limit of Columbia Policy No. UMB (1/1/82-1/1/83) was exhausted in approximately August 2004: and (d) the maximum $25,000,000 occurrence limit of Columbia Policy No. LIMB (1/1/83-1/1/86) has been exhausted, likely in WHEREFORE. Plaintiff-Insurers pray for a declaration that the occurrence limits for asbestos bodily injury claims in their respective Primary Policies have been fully exhausted -20-

Henkel Corp v. Hartford Accident

Henkel Corp v. Hartford Accident 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow

More information

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant.

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant. Circuit Court of Illinois. County Department Chancery Division Cook County TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant. No. 00CH08224. 2008. Answer

More information

Case 3:10-cv-01946-SRU Document 1 Filed 12/10/10 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : : : : : : : : :

Case 3:10-cv-01946-SRU Document 1 Filed 12/10/10 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : : : : : : : : : Case 310-cv-01946-SRU Document 1 Filed 12/10/10 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY as successor to THE AETNA CASUALTY AND SURETY CO.,

More information

27. Had Burns known that Flowserve intended to disavow its responsibility for Losses

27. Had Burns known that Flowserve intended to disavow its responsibility for Losses ,. Case 1:04-cv-01294-JJF Document 22-9 Filed 05/06/2005 Page 1 of 6 Underlying Asbestos Claims. Burns has done so with the express understandingthat Flowserve was asserting its rights under the May 1,

More information

2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013. No. 1-12-2479

2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013. No. 1-12-2479 2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013 No. 1-12-2479 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Case 1:07-cv-06912 Document 152 Filed 05/13/2009 Page 1 of 8

Case 1:07-cv-06912 Document 152 Filed 05/13/2009 Page 1 of 8 Case 1:07-cv-06912 Document 152 Filed 05/13/2009 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CONTINENTAL CASUALTY COMPANY and ) CONTINENTAL INSURANCE

More information

FILED: NEW YORK COUNTY CLERK 07/20/2011 INDEX NO. 651982/2011 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2011

FILED: NEW YORK COUNTY CLERK 07/20/2011 INDEX NO. 651982/2011 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2011 FILED: NEW YORK COUNTY CLERK 07/20/2011 INDEX NO. 651982/2011 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZURICH AMERICAN INSURANCE COMPANY and

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DECLARATORY JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DECLARATORY JUDGMENT Case 1:15-cv-02184-ODE Document 1 Filed 06/17/15 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION BANKERS STANDARD INSURANCE COMPANY, Plaintiff, v.

More information

Case 2:15-cv-02235-SHL-dkv Document 1 Filed 04/09/15 Page 1 of 16 PageID 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE

Case 2:15-cv-02235-SHL-dkv Document 1 Filed 04/09/15 Page 1 of 16 PageID 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE Case 2:15-cv-02235-SHL-dkv Document 1 Filed 04/09/15 Page 1 of 16 PageID 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE FIRST HORIZON NATIONAL ) CORPORATION and ) FIRST TENNESSEE

More information

Case 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13. Plaintiff, v. 1:11-CV-912. Defendants. DECISION and ORDER

Case 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13. Plaintiff, v. 1:11-CV-912. Defendants. DECISION and ORDER Case 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PACIFIC EMPLOYERS

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division IN RE: GARLOCK SEALING TECHNOLOGIES LLC, et al., Debtors. 1 Case No. 10-BK-31607 Chapter 11 Jointly Administered

More information

COMMERCIAL EXCESS LIABILITY COVERAGE FORM

COMMERCIAL EXCESS LIABILITY COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM Each section in this Coverage Form may contain exclusions, limitations or restrictions of coverage. Please read the entire Coverage Form carefully to determine

More information

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ACE PROPERTY & CASUALTY INSURANCE COMPANY, et al, NOVEMBER TERM, 2010 Plaintiff, No. 02290 v. R & Q REINSURANCE

More information

Case 2:15-cv-03432-DDP-AGR Document 1 Filed 05/07/15 Page 1 of 15 Page ID #:1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Case 2:15-cv-03432-DDP-AGR Document 1 Filed 05/07/15 Page 1 of 15 Page ID #:1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Case :-cv-0-ddp-agr Document Filed 0/0/ Page of Page ID #: 0 Matthew T. Walsh, Esq. (Bar No. ) CARROLL, McNULTY & KULL LLC 00 North Riverside Plaza, Suite 00 Chicago, Illinois 00 Telephone: () 00-000 Facsimile:

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division IN RE: GARLOCK SEALING TECHNOLOGIES LLC, et al., Debtors. 1 Case No. 10-BK-31607 Chapter 11 Jointly Administered

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) ) Case :-cv-000-tor Document Filed 0/0/ 0 John T. John, WSBA # Daniel J. Oates, WSBA # 0 Alaskan Way, Suite 00 Seattle, Washington Telephone: ( -00 Email: jjohn@grahamdunn.com doates@grahamdunn.com Attorney

More information

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT

More information

SECOND AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SERVICEMASTER GLOBAL HOLDINGS, INC.

SECOND AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SERVICEMASTER GLOBAL HOLDINGS, INC. SECOND AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SERVICEMASTER GLOBAL HOLDINGS, INC. FIRST. Name. The name of the Corporation is ServiceMaster Global Holdings, Inc. SECOND. Registered Office.

More information

INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services)

INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services) INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services) THIS AGREEMENT (Contract") is made this 14th day of December, 2010, between the Board of County Commissioners of Sumter County, Florida

More information

13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1 NMAC - Rn & A, 13 NMAC 12.3.

13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1 NMAC - Rn & A, 13 NMAC 12.3. TITLE 13 CHAPTER 12 PART 3 INSURANCE MOTOR VEHICLE INSURANCE UNINSURED AND UNKNOWN MOTORISTS COVERAGE 13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1

More information

CHAPTER 31. SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION

CHAPTER 31. SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION CHAPTER 31. SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION SECTION 38-31-10. Short title. This chapter is known and may be cited as the South Carolina Property and Casualty Insurance

More information

2014 IL App (1st) 133931

2014 IL App (1st) 133931 2014 IL App (1st) 133931 SECOND DIVISION September 9, 2014 No. 1-13-3931 MT. HAWLEY INSURANCE COMPANY, ) ) Appeal from the Plaintiff-Appellee, ) Circuit Court of ) Cook County. v. ) ) CERTAIN UNDERWRITERS

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION of BAXTER INTERNATIONAL INC.

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION of BAXTER INTERNATIONAL INC. AMENDED AND RESTATED CERTIFICATE OF INCORPORATION of BAXTER INTERNATIONAL INC. Pursuant to Sections 242 and 245 of the General Corporation Law of Delaware Baxter International Inc., a corporation organized

More information

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION JONATHAN DANIEL, ) ) Plaintiff, ) No. 14 CV 01232 ) vs. ) ) Honorable Michael M. Mihm THE CITY OF PEORIA, et al.,

More information

Case 1:05-cv-06386 Document 73 Filed 07/10/2006 Page 1 of 14

Case 1:05-cv-06386 Document 73 Filed 07/10/2006 Page 1 of 14 Case 1:05-cv-06386 Document 73 Filed 07/10/2006 Page 1 of 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Plaintiff,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Plaintiffs, C. A. NO. VS.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Plaintiffs, C. A. NO. VS. Case 4:12-cv-02469 Document 1 Filed in TXSD on 08/17/12 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION INDEMNITY INSURANCE COMPANY OF NORTH AMERICA;

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-20512 Document: 00512673150 Page: 1 Date Filed: 06/23/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 23, 2014 Lyle W.

More information

AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER (Small Projects-Construction Costs Generally Under $100,000)

AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER (Small Projects-Construction Costs Generally Under $100,000) AISD PROJECT NO. PROJECT TITLE AND ADDRESS: AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER (Small Projects-Construction Costs Generally Under $100,000) This Agreement ( Agreement ) is made as of the day

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION BAXALTA INCORPORATED. Pursuant to Sections 228, 242 and 245 of the. Delaware General Corporation Law

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION BAXALTA INCORPORATED. Pursuant to Sections 228, 242 and 245 of the. Delaware General Corporation Law AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF BAXALTA INCORPORATED Pursuant to Sections 228, 242 and 245 of the Delaware General Corporation Law Baxalta Incorporated (hereinafter in this Amended

More information

NEBRASKA PROPERTY AND LIABILITY INSURANCE GUARANTY ASSOCIATION ACT

NEBRASKA PROPERTY AND LIABILITY INSURANCE GUARANTY ASSOCIATION ACT NEBRASKA PROPERTY AND LIABILITY INSURANCE GUARANTY ASSOCIATION ACT Section. 44-2401. Purpose of sections. 44-2402. Kinds of insurance covered. 44-2403. Terms, defined. 44-2404. Nebraska Property and Liability

More information

G.S. 20-279.21 Page 1

G.S. 20-279.21 Page 1 20-279.21. "Motor vehicle liability policy" defined. (a) A "motor vehicle liability policy" as said term is used in this Article shall mean an owner's or an operator's policy of liability insurance, certified

More information

Internal Revenue Service

Internal Revenue Service Internal Revenue Service Number: 200741003 Release Date: 10/12/2007 Index Number: 468B.07-00, 162.00-00, 461.00-00, 461.01-00, 172.01-00, 172.01-05, 172.06-00, 108.01-00, 108.01-01, 108.02-00 -----------------------

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

INSURANCE AND INDEMNIFICATION REQUIREMENTS. RE: CCTV system for bus shelters at the Economy Lot PAGE 1 OF 4

INSURANCE AND INDEMNIFICATION REQUIREMENTS. RE: CCTV system for bus shelters at the Economy Lot PAGE 1 OF 4 1THE PHILADELPHIA PARKING AUTHORITY RE: CCTV system for bus shelters at the Economy Lot PAGE 1 OF 4 Prior to commencement of the contract and until completion of your work, shall, at its sole expense,

More information

WASHINGTON INSURANCE GUARANTY ASSOCIATION ACT

WASHINGTON INSURANCE GUARANTY ASSOCIATION ACT WASHINGTON INSURANCE GUARANTY ASSOCIATION ACT Section 48.32.010. Purpose 48.32.020. Scope 48.32.030. Definitions 48.32.040. Creation of the association-required accounts 48.32.050. Board of directors 48.32.060.

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Certain Underwriters at Lloyd s London v. The Burlington Insurance Co., 2015 IL App (1st) 141408 Appellate Court Caption CERTAIN UNDERWRITERS AT LLOYD S LONDON,

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SCIENCE APPLICATIONS INTERNATIONAL CORPORATION

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SCIENCE APPLICATIONS INTERNATIONAL CORPORATION AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SCIENCE APPLICATIONS INTERNATIONAL CORPORATION FIRST: NAME. The name of the Corporation is Science Applications International Corporation. SECOND: ADDRESS.

More information

COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS

COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS Policy No. Renewal 1. NAMED INSURED AND MAILING ADDRESS 2. POLICY PERIOD From To 12:01 A.M. standard time at your mailing address shown above. : 3. LIMITS

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

Sterling Education Seminar. Liability Insurance: How Insurance is Written and Why You Need to Know. Alexandrea L. Isaac Hartford, CT Sept.

Sterling Education Seminar. Liability Insurance: How Insurance is Written and Why You Need to Know. Alexandrea L. Isaac Hartford, CT Sept. Sterling Education Seminar Liability Insurance: How Insurance is Written and Why You Need to Know Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 The Insurance Contract Contract between the insurance company

More information

MASSACHUSETTS CUSTOMIZED PRACTICE COVERAGE TITLE INSURANCE AGENT LIABILITY COVERAGE UNIT

MASSACHUSETTS CUSTOMIZED PRACTICE COVERAGE TITLE INSURANCE AGENT LIABILITY COVERAGE UNIT (hereinafter called "the Company") MASSACHUSETTS CUSTOMIZED PRACTICE COVERAGE TITLE INSURANCE AGENT LIABILITY COVERAGE UNIT In consideration of the payment of the premium, in reliance upon the statements

More information

PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE

PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE A Stock Insurance Company, herein called the Company PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE Various provisions in this policy restrict coverage. Please read the

More information

Persistence Of Trigger, Allocation Disputes

Persistence Of Trigger, Allocation Disputes Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Persistence Of Trigger, Allocation Disputes

More information

Agent Agreement WITNESSETH

Agent Agreement WITNESSETH PATRIOT NATIONAL UNDERWRITERS, INC. Agent Agreement THIS AGENT AGREEMENT (the Agreement ) is made and entered into by and between Patriot National Underwriters, Inc., a Texas corporation ( Patriot ), and

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION COPLEY ASSOCIATES, LTD., DECEMBER TERM, 2005 Plaintiff, NO. 01332 v. COMMERCE PROGRAM ERIE

More information

A SUMMARY OF EDUCATORS PROFESSIONAL LIABILITY INSURANCE FOR CONGRESS OF HOUSTON TEACHERS

A SUMMARY OF EDUCATORS PROFESSIONAL LIABILITY INSURANCE FOR CONGRESS OF HOUSTON TEACHERS A SUMMARY OF EDUCATORS PROFESSIONAL LIABILITY INSURANCE FOR CONGRESS OF HOUSTON TEACHERS SCHEDULE OF COVERAGE Limits of Liability Coverage A -- $2,000,000 per Insured per occurrence $3,000,000 per occurrence

More information

EMPLOYEE BENEFITS LIABILITY COVERAGE

EMPLOYEE BENEFITS LIABILITY COVERAGE POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 35 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS-MADE COVERAGE.

More information

INDIAN HARBOR INSURANCE COMPANY (herein called the Company)

INDIAN HARBOR INSURANCE COMPANY (herein called the Company) INDIAN HARBOR INSURANCE COMPANY (herein called the Company) This is a claims made Policy with defense expenses included. Please read and review the Policy carefully. INSURANCE AGENTS AND BROKERS ERRORS

More information

Swarthmore College Financial Risk Management Team

Swarthmore College Financial Risk Management Team Index: Overview Page 1 Definitions Pages 2-4 Responsibilities Page 5 Sample Clause Language Pages 6-9 Contract Review Checklist Pages 10-12 Contract Guideline Statement Revised: May, 2013 Contracts entered

More information

2012 IL App (1st) 112728-U. No. 1-11-2728

2012 IL App (1st) 112728-U. No. 1-11-2728 2012 IL App (1st 112728-U FIRST DIVISION November 5, 2012 No. 1-11-2728 Notice: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

CITY COUNTY INSURANCE SERVICES TRUST WORKERS' COMPENSATION COVERAGE AGREEMENT

CITY COUNTY INSURANCE SERVICES TRUST WORKERS' COMPENSATION COVERAGE AGREEMENT CITY COUNTY INSURANCE SERVICES TRUST WORKERS' COMPENSATION COVERAGE AGREEMENT Various provisions of this agreement restrict coverage. Read the entire coverage agreement carefully to determine rights, duties,

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION WOLVERINE WORLD WIDE, INC.

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION WOLVERINE WORLD WIDE, INC. AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF WOLVERINE WORLD WIDE, INC. Wolverine World Wide, Inc., a corporation organized and existing under the General Corporation Law of the State of Delaware

More information

Case 1:07-cv-00347-B Document 7 Filed 05/30/2007 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA

Case 1:07-cv-00347-B Document 7 Filed 05/30/2007 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA Case 1:07-cv-00347-B Document 7 Filed 05/30/2007 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA TRAVELERS CASUALTY AND SURETY ) COMPANY OF AMERICA, INC. ) ) Plaintiff,

More information

AGREEMENT FOR AMBULANCE TRANSPORT SERVICES BETWEEN THE CITY OF RAPID CITY AND AIR METHODS

AGREEMENT FOR AMBULANCE TRANSPORT SERVICES BETWEEN THE CITY OF RAPID CITY AND AIR METHODS AGREEMENT FOR AMBULANCE TRANSPORT SERVICES BETWEEN THE CITY OF RAPID CITY AND AIR METHODS This Agreement is entered into by and between the City of Rapid City s Department of Fire and Emergency Services

More information

Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 SUMMIT CONTRACTORS, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. CASE NO. 8:13-CV-295-T-17TGW

More information

Emerging Liability Risks A Practical Accumulation Example

Emerging Liability Risks A Practical Accumulation Example Emerging Liability Risks A Practical Accumulation Example Emerging Liability Risks A Practical Accumulation Example Wilhelm Zeller, Rüschlikon, 4 November 2015 Sources incl.: Wikipedia, RAND, NERA. Emerging

More information

STATE OF OHIO ) IN THE COURT OF COMMON PLEAS )SS:

STATE OF OHIO ) IN THE COURT OF COMMON PLEAS )SS: STATE OF OHIO IN THE COURT OF COMMON PLEAS SS: CUYAHOGA COUNTY CASE NO. CV-484139 THE OAKWOOD CLUB Plaintiff vs. OPINION AND ORDER KINNEY GOLF COURSE DESIGN, ET AL Defendants MICHAEL J. RUSSO, JUDGE: This

More information

In an ever changing business and social environment it has become increasingly

In an ever changing business and social environment it has become increasingly DIRECTORS AND OFFICERS INSURANCE ISSUES By: National Business Institute June 20, 2008 Howard L. Lieber FISHER KANARIS, P.C. 200 South Wacker Drive 22nd Floor Chicago, Illinois 60606 312/474-1400 In an

More information

STATE of DELAWARE. RESTATED CERTIFICATE of INCORPORATION of JACK HENRY & ASSOCIATES, INC.

STATE of DELAWARE. RESTATED CERTIFICATE of INCORPORATION of JACK HENRY & ASSOCIATES, INC. STATE of DELAWARE RESTATED CERTIFICATE of INCORPORATION of JACK HENRY & ASSOCIATES, INC. At a meeting of the Board of Directors of Jack Henry & Associates, Inc. held on August 26, 2003, a resolution was

More information

FOLLOW FORM EXCESS MANAGEMENT LIABILITY INSURANCE DECLARATIONS

FOLLOW FORM EXCESS MANAGEMENT LIABILITY INSURANCE DECLARATIONS , FOLLOW FORM EXCESS MANAGEMENT LIABILITY INSURANCE DECLARATIONS NOTICE: PLEASE READ CAREFULLY. This Policy shall follow all the terms and conditions of

More information

-1- -2- -3- -4- -5- INSURANCE REQUIREMENTS FOR DEVELOPER EXTENSION AGREEMENTS 1.1 The developer shall obtain and keep in force during the term of the contract, Commercial General Liability insurance policies

More information

Construction Defect Coverage Recap For 1st Quarter

Construction Defect Coverage Recap For 1st Quarter Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Construction Defect Coverage Recap For 1st Quarter

More information

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

SELECTIVE OR TARGETED TENDERS

SELECTIVE OR TARGETED TENDERS 10 South Riverside Plaza, Suite 1530 Chicago, Illinois 60606 312-454-5110 Fax: 312-454-6166 www.rusinlaw.com SEMINAR May 1, 2007 SELECTIVE OR TARGETED TENDERS Gregory G. Vacala Managing Partner, Civil

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Pekin Insurance Co. v. Rada Development, LLC, 2014 IL App (1st) 133947 Appellate Court Caption PEKIN INSURANCE COMPANY, Plaintiff-Appellant, v. RADA DEVELOPMENT,

More information

Case 14-90056-LT Filed 05/14/14 Entered 05/14/14 14:14:36 Doc 6 Pg. 1 of 13

Case 14-90056-LT Filed 05/14/14 Entered 05/14/14 14:14:36 Doc 6 Pg. 1 of 13 Case -00-LT Filed 0// Entered 0// :: Doc Pg. of NANCY L. STAGG, CA Bar No. 0 nstagg@foley.com MATTHEW J. RIOPELLE, CA Bar No. 0 mriopelle@foley.com FOLEY & LARDNER LLP VALLEY CENTRE DRIVE, SUITE 00 SAN

More information

SAMPLE SERVICES CONTRACT

SAMPLE SERVICES CONTRACT SAMPLE SERVICES CONTRACT The parties to this contract are the SAN DIEGO COUNTY WATER AUTHORITY, a county water authority, (the Water Authority) and, [a / an], having its principal place of business at

More information

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 150810-U Nos. 1-15-0810, 1-15-0942 cons. Fourth Division June 30, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in

More information

ELECTRONIC INDEPENDENT CONTRACTOR AGREEMENT INTRODUCTION

ELECTRONIC INDEPENDENT CONTRACTOR AGREEMENT INTRODUCTION INTRODUCTION This is an AGREEMENT between you and Field Solutions, LLC ( Field Solutions ) that defines the terms and conditions for Field Solutions to engage you to provide services to our customers as

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Mt. Hawley Insurance Co. v. Certain Underwriters at Lloyd s, London, 2014 IL App (1st) 133931 Appellate Court Caption District & No. MT. HAWLEY INSURANCE COMPANY,

More information

CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE

CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE The following are excerpts from Caltrans 2010Standard Specifications. Specifications are subject to change so refer to the project

More information

RESTATED CERTIFICATE OF INCORPORATION CTC MEDIA, INC. (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware)

RESTATED CERTIFICATE OF INCORPORATION CTC MEDIA, INC. (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware) RESTATED CERTIFICATE OF INCORPORATION OF CTC MEDIA, INC (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware) CTC Media, Inc., a corporation organized and existing under

More information

INSURANCE INDUSTRY PROFESSIONAL LIABILITY COVERAGE UNIT THIS IS A CLAIMS MADE POLICY. PLEASE READ CAREFULLY.

INSURANCE INDUSTRY PROFESSIONAL LIABILITY COVERAGE UNIT THIS IS A CLAIMS MADE POLICY. PLEASE READ CAREFULLY. INSURANCE INDUSTRY PROFESSIONAL LIABILITY COVERAGE UNIT THIS IS A CLAIMS MADE POLICY. PLEASE READ CAREFULLY. I. INSURING AGREEMENTS A. INSURANCE OPERATIONS COVERAGE. We will pay on behalf of the insured

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-561 SENATE BILL 749

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-561 SENATE BILL 749 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-561 SENATE BILL 749 AN ACT TO REVISE AND CLARIFY THE REQUIREMENTS FOR UNINSURED AND UNDERINSURED MOTORIST COVERAGE IN MOTOR VEHICLE LIABILITY

More information

Real Estate Errors & Omissions Indemnity Plan

Real Estate Errors & Omissions Indemnity Plan B R I T I S H C O L U M B I A Real Estate Errors & Omissions Indemnity Plan No. RE0398 Issued by Real Estate Errors and Omissions Insurance Corporation (Herein called the Corporation ) Pursuant to the

More information

North Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy

North Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy North Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY QUICK REFERENCE Beginning

More information

In The NO. 14-98-00234-CV. UNITED STATES AUTOMOBILE ASSOCIATION, Appellant

In The NO. 14-98-00234-CV. UNITED STATES AUTOMOBILE ASSOCIATION, Appellant Affirmed and Opinion filed January 13, 2000. In The Fourteenth Court of Appeals NO. 14-98-00234-CV UNITED STATES AUTOMOBILE ASSOCIATION, Appellant V. UNDERWRITERS AT INTEREST and STEVEN RICHARD BISHOP,

More information

INDEPENDENT CONTRACTOR AGREEMENT (ICA)

INDEPENDENT CONTRACTOR AGREEMENT (ICA) INDEPENDENT CONTRACTOR AGREEMENT (ICA) (This agreement is not a construction contract within the meaning of Civil Code section 2783, and is not an agreement for the provision of construction services within

More information

claiming coverage as an additional insured under an umbrella liability policy it issded tot

claiming coverage as an additional insured under an umbrella liability policy it issded tot IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON TERRIE LEWARK, assignee of PUBLIC STORAGE, INC. Appellant, No. 68634-8-1 DIVISION ONE v. UNPUBLISHED OPINION DAVIS DOOR SERVICES, INC., a Washington corporation,

More information

Case 1:12-cv-03270-WJM-KMT Document 1 Filed 12/14/12 USDC Colorado Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:12-cv-03270-WJM-KMT Document 1 Filed 12/14/12 USDC Colorado Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:12-cv-03270-WJM-KMT Document 1 Filed 12/14/12 USDC Colorado Page 1 of 6 Civil Action No. 12-CV-3270 BALBOA INSURANCE COMPANY, Plaintiff v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

More information

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Calvin L. Keith, OSB No. 814368 CKeith@perkinscoie.com Sarah J. Crooks, OSB No. 971512 SCrooks@perkinscoie.com PERKINS COIE LLP

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. DHL EXPRESS (USA), Inc. ( DHL ) by its attorneys, Bauer Moynihan & Johnson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. DHL EXPRESS (USA), Inc. ( DHL ) by its attorneys, Bauer Moynihan & Johnson THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 1 1 MICROSOFT CORPORATION, Plaintiff, v. DHL EXPRESS (USA), Inc., Defendant / Third-Party Plaintiff.

More information

BROKERAGE AGREEMENT. WHEREAS Broker wishes to gain access to and offer Paragon s specialized insurance products and services to its clients; and

BROKERAGE AGREEMENT. WHEREAS Broker wishes to gain access to and offer Paragon s specialized insurance products and services to its clients; and BROKERAGE AGREEMENT This Agreement, effective 2014 is between Paragon Insurance Holdings, LLC ( Paragon ), 45 Nod Road, Avon, Connecticut 06001 with underwriting office at 850 Fulton Street, Farmingdale,

More information

COMMON LAW DIRECT ACTION SETTLEMENT FUND CLAIM FORM

COMMON LAW DIRECT ACTION SETTLEMENT FUND CLAIM FORM COMMON LAW DIRECT ACTION SETTLEMENT FUND CLAIM FORM Submit completed Claim Form to: Donald E. Ward, Administrator Special Claims Services, Inc. 809 Coshocton Avenue, Suite 1 Mount Vernon, OH 43050 telephone:

More information

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND VENDOR TBD FOR PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND VENDOR TBD FOR PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND VENDOR TBD FOR PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS NAME OF CONTRACTOR: RESPONSIBLE PRINCIPAL OF CONTRACTOR:, Vendor

More information

INGERSOLL RAND CO LTD

INGERSOLL RAND CO LTD INGERSOLL RAND CO LTD FORM 8-K (Current report filing) Filed 01/11/08 for the Period Ending 01/10/08 Address 155 CHESTNUT RIDGE ROAD MONTVALE, NJ 07645 Telephone 2015730123 CIK 0001160497 Symbol IR SIC

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMMSCOPE, INC. OF NORTH CAROLINA and ADC TELECOMMUNICATIONS, INC., v. Plaintiffs, CORNING OPTICAL COMMUNICATIONS WIRELESS LTD., Defendant.

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF EVERBANK FINANCIAL CORP

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF EVERBANK FINANCIAL CORP AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF EVERBANK FINANCIAL CORP EverBank Financial Corp, a corporation organized and existing under and by virtue of the provisions of the General Corporation

More information

No. THE STATE OF TEXAS IN THE DISTRICT COURT OF. PLAINTIFF, v. TRAVIS COUNTY, TEXAS

No. THE STATE OF TEXAS IN THE DISTRICT COURT OF. PLAINTIFF, v. TRAVIS COUNTY, TEXAS No. THE STATE OF TEXAS IN THE DISTRICT COURT OF PLAINTIFF, v. TRAVIS COUNTY, TEXAS ALLIED WORLD ASSURANCE COMPANY HOLDINGS, LTD, and its JUDICIAL DISTRICT insurance subsidiaries, including ALLIED WORLD

More information

LIQUOR LIABILITY COVERAGE FORM

LIQUOR LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY CG 00 34 12 07 LIQUOR LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIMS-MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage.

More information

EMPLOYEE BENEFITS LIABILITY COVERAGE

EMPLOYEE BENEFITS LIABILITY COVERAGE POLICY NUMBER: COMMERCIAL LIABILITY UMBRELLA CU 04 03 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS-MADE COVERAGE.

More information

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ANTHONY ABBOTT, et al., ) ) No: 06-701-MJR-DGW Plaintiffs,

More information

COMPLAINT. Plaintiff [PLAINTIFF] hereby sues the Defendants, [DEFENDANT #1], [DEFENDANT INTRODUCTION

COMPLAINT. Plaintiff [PLAINTIFF] hereby sues the Defendants, [DEFENDANT #1], [DEFENDANT INTRODUCTION Form 2:40-2 Complaint Negligence, Motor Vehicle IN THE CIRCUIT COURT OF THE ## JUDICIAL CIRCUIT IN AND FOR [COUNTY], FLORIDA [PLAINTIFF], Plaintiff, CASE NO.: ##-##### ## ## GENERAL JURISDICTION vs. [DEFENDANT

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CINCINNATI INSURANCE COMPANY, Plaintiff, v. No. 4:01 CV 726 DDN VENETIAN TERRAZZO, INC., Defendant. DECLARATORY JUDGMENT Pursuant

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION COPLEY ASSOCIATES, LTD., DECEMBER TERM, 2005 Plaintiff, NO. 01332 v. COMMERCE PROGRAM ERIE

More information

Introduction to Directors and Offi cers Liability Insurance

Introduction to Directors and Offi cers Liability Insurance CHAPTER 1 Martin J. O Leary Introduction to Directors and Offi cers Liability Insurance The following is a brief, general overview of coverage afforded under the Directors and Officers Liability Insurance

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DUKE ENERGY CORPORATION

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DUKE ENERGY CORPORATION AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DUKE ENERGY CORPORATION DUKE ENERGY CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the Corporation ), DOES

More information

No. 1-15-0941 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-15-0941 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 150941-U SIXTH DIVISION December 18, 2015 No. 1-15-0941 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information