Loading...
HomeMy WebLinkAbout11-7501Jeffrey A. Ernico, Esquire Sup. Ct. I.D. No. 07981 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. BOX 5950 Harrisburg, PA 17110-0950 (717) 223-5000 - Phone (717) 236-1816 - Facsimile jaernicogmette.com Cynthia G. Swann, Esquire JACKSON & CAMPBELL One Lafayette Center, South Tower 1120 20`' St. NW Washington, DC 20036-3437 (202) 457-1600 - Phone cswann@jackscamp.com Attorneys for Defendants Chartis Claims, Inc. and Commerce & Industry Insurance Company RYAN ENVIRONMENTAL, INC., Plaintiff V. HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants N'. )I , ? 5-0 ( tir^ f^ r?+ rT1 v rn w cn? w a V CD -f Q X-1 a.06fd. J- CkW(03 163 P, 4:1:?l o 5-3 IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA Civil Action No. 10-C-20-2 (Thomas A Bedell, Judge) PETITION OF DEFENDANTS CHARTIS CLAIMS, INC. f/k/a AIG DOMESTIC CLAIMS, INC. AND COMMERCE & INDUSTRY INSURANCE COMPANY'S FOR ISSUANCE OF SUBPOENAS AND NOW, come Defendants, Chartis Claims, Inc. f/k/a AIG Domestic Claims, Inc. and Commerce & Industry Insurance Company, (the "Moving Defendants") by and through their attorneys, Mette, Evans & Woodside, respectfully petitions this Court pursuant to 42 Pa. C.S.A.§5326 and Pa. R.C.P. No. 234.1 for an Order authorizing the issuance of subpoenas on the following grounds: An action between the captioned parties is pending before the Circuit Court for Harrison County, West Virginia, designated as civil action no. 10-C-20-2. 2. This action arises out of a Storage Tank Third-Party Liability Corrective Action and Cleanup Policy issued by Commerce & Industry Insurance Company ("C&I") to Hess Oil Company ("Hess") and Hess's entitlement to coverage under the policy for certain corrective action costs incurred at Hess's Mount Storm Exxon in Mount Storm, West Virginia (the "Site"). Subpoena to Corporate Designee of Anwins Program Underwriters, Inc. 3. The deposition by oral examination of the Corporate Designee of Amwins Program Underwriters, Inc., before an officer authorized to administer oaths in accordance with the provision of Pa. R. C. P. No. 4015 is to be taken on October 27, 2011, at 9:00 a.m. at the law office of Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110. 4. This deposition of the Corporate Designee of Amwins Program Underwriters, Inc. will seek testimony relating to, inter alia, the brokering, application, underwriting and issuance of insurance polices relating to Hess, as more fully described in Exhibit "A" to the Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of Amwins Program Underwriters, Inc., signed by the Honorable Thomas A. Bedell, Circuit Court of Harrison County, West Virginia dated September 26, 2011 collectively referred to as "Commission for Deposition of Corporate Designee of Amwins Program Underwriters, 'Inc." attached hereto as Exhibit "I". 5. In addition to oral testimony, the Corporate Designee of Amwins Program Underwriters, Inc. shall bring with him/her to deposition the complete file relating to any C& I Policy issued to Hess, as more fully described in Exhibit "A" to the Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of Amwins Program Underwriters, Inc., signed by the Honorable Thomas A. Bedell, Circuit Court of Harrison County, West Virginia dated September 26, 2011 collectively referred to as "Commission for Deposition of Corporate Designee of Amwins Program Underwriters, Inc." attached hereto as Exhibit "1 ". 6. Moving Defendants believe that the only way that they can prepare an adequate defense and prepare for trial is to learn amount the issuance of the above-referenced insurance policies from the Corporate Designee of Amwins Program Underwriters, Inc. 7. A subpoena is necessary to ensure the appearance of the Corporate Designee of Amwins Program Underwriters, Inc. and that the requested documents be produced. Moving Defendants request that a subpoena to appear and testify and produce documents be issued to the Corporate Designee of Amwins Programs Underwriters, Inc. 9. Attached hereto as Exhibit "2" is an Order dated September 26, 2011, by the Honorable Thomas A. Bedell, Circuit Court for Harrison County, West Virginia granting Moving Defendants Motion for Commission Authorizing Issuance of Subpoena for the Deposition and Documents Production of Amwins Program Underwriters, Inc. Subpoena to Mike Coy 10. The deposition by oral examination of Mike A. Coy of Amwins Program Underwriters, Inc., before an officer authorized to administer oaths in according with the provision of Pa. R. C. P. No. 4015 is to be taken on October 28, 2011, at 9:00 a.m. at the law office of Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110. 11. This deposition of Mike A. Coy will seek testimony relating to, inter ilia, the brokering, application, underwriting and issuance of insurance polices relating to Hess, as more fully described in Exhibit "A" to the Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of Mike A. Coy, signed by the Honorable Thomas A. Bedell, Circuit Court of Harrison County, West Virginia dated September 26, 2011 collectively referred to as "Commission for Deposition of Mike A. Coy" attached hereto as Exhibit "3". 12. In addition to oral testimony, Mike A. Coy shall bring with him to deposition the complete file relating to any C& I Policy issued to Hess, as more fully described in Exhibit "A" to the Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of Mike A. Coy., signed by the Honorable Thomas A. Bedell, Circuit Court of Harrison County, West Virginia dated September 26, 2011 collectively referred to as "Commission for Deposition of Mike A. Coy." attached hereto as Exhibit "3". 13. Moving Defendants believe that the only way that they can prepare an adequate defense and prepare for trial is to learn amount the issuance of the above-referenced insurance policies from Mike A. Coy, as an employee/agent of Amwins Program Underwriters, Inc. 14. A subpoena is necessary to ensure the appearance of Mike A. Coy and that the requested documents be produced. 15. Attached hereto as Exhibit "4" is an Order dated September 26, 201 L, by the Honorable Thomas A. Bedell, Circuit Court for Harrison County, West Virginia granting Moving Defendants Motion for Commission Authorizing Issuance of Subpoena for the Deposition and Documents Production of Mike A. Coy. Subpoena to James E. Titus 16. The deposition by oral examination of James E. Titus of Amwins Program Underwriters, Inc., before an officer authorized to administer oaths in according with the provision of Pa. R. C. P. No. 4015 is to be taken on October 28, 2011, at 1:00 p.m. at the law office of Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110. 17. This deposition of James E. Titus will seek testimony relating to, inter alia, the brokering, application, underwriting and issuance of insurance polices relating to Hess, as more fully described in Exhibit "A" to the Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of James E. Titus, signed by the Honorable Thomas A. Bedell, Circuit Court of Harrison County, West Virginia dated September 26, 2011 collectively referred to as "Commission for Deposition of James E. Titus" attached hereto as Exhibit "5". 18. In addition to oral testimony James E. Titus shall bring with him to deposition the complete file relating to any C& I Policy issued to Hess, as more fully described in Exhibit "A" to the Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of James E. Titus, signed by the Honorable Thomas A. Bedell, Circuit Court of Harrison County, West Virginia dated September 26, 2011 collectively referred to as "Commission for Deposition of James E. Titus" attached hereto as Exhibit "5". 19. Moving Defendants believe that the only way that they can prepare an adequate defense and prepare for trial is to learn amount the issuance of the above-referenced insurance policies from James E. Titus, as an employee/agent of Amwins Program Underwriters, Inc. 20. A subpoena is necessary to ensure the appearance of James E. Titus and that the requested documents be produced. 21. Attached hereto as Exhibit "6" is an Order dated September 26, 201 L by the Honorable Thomas A. Bedell, Circuit Court for Harrison County, West Virginia granting Moving Defendants Motion for Commission Authorizing Issuance of Subpoena for the Deposition and Documents Production of James E. Titus. WHEREFORE, Moving Defendants respectfully request that this Court issue subpoenas directed to 1) Corporate Designee, Amwins Program Underwriters, Inc., 2) Mike A. Coy and 3) James E. Titus along with the production of documents, as requested. Respectfully submitted, METTE, EVANS & WOODSIDE 4upJ ey. Ernico, Esquire . Ct. I.D. No. 07981 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 223-5000 - Phone (717) 236-1816 - Facsimile Cynthia G. Swann, Esquire JACKSON & CAMPBELL One Lafayette Center, South Tower 1120 20'' St. NW Washington, DC 20036-3437 (202) 457-1600 - Phone Attorneys for Defendants Chartis Claims, Inc. and Commerce & Industry Insurance Company Date: September 30, 2011 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kathleen S. McAllister, Esquire DiBella Greer McAllister Best 20 Stanwix Street, 1 lth Floor Pittsburgh, PA 15222 Counsel for Plaintiff Michael J. Romano, Esquire Law Office of Michael J. Romano 128 S. Second Street Clarksburg, WV 26301 Counsel for Defendant Hess Oil Company, Inc. James A Varner, Esquire Geraldine S. Roberts, Esquire McNeer, Highland, McNunn & Varner P.O. Drawer 2040 Clarksburg, WV 26301 Counsel for Defendant Hess Oil Company, Inc. Respectfully submitted, METTE, EVANS & WOODSIDE ey A. Ernico, Esquire Sup. Ct. I.D. No. 07981 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 223-5000 - Phone (717) 236-1816 - Facsimile Cynthia G. Swann, Esquire JACKSON & CAMPBELL One Lafayette Center, South Tower 1120 20th St. NW Washington, DC 20036-3437 (202) 457-1600 - Phone Attorneys for Defendants Chartis Claims, Inc. and Commerce & Industry Insurance Company Date: September 30, 2011 ?Ilq % 7 IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, Vi. Civil Action No. 10-C-20-2 The Honorable Jude Bedell HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF AMWINS PROGRAM UNDERWRITERS INC. TO: The Honorable Judge of the Court of Common Pleas of the Ninth Judicial District of Pennsylvania, and to the Clerk of said Court, Greetings: Upon motion by Defendants AM Domestic Claims, Inc. n/kla Chartis Claims, Inc.. and Commerce & Industry Insurance Company, by counsel, for the entry of this Commission, said Movants having informed this Court that Amwins Program Underwriters Inc. ("Amxins") is within the. jurisdiction of your Honorable Court, and that Amwins does or may have knowledge and documents relevant to the adjudication of the above civil action. Said Movants wish for the issuance of subpoenas from your Honorable Court for service upon Amwins for Amwins to appoint a corporate designee to attend a deposition and testify on the topics set froth in the Attached. It is hereby ORDERED that that counsel of record for Movants in the above civil action, whose names and addresses appear below, are hereby expressly co=issioned by this Court to depose the corporate designee at such date, time and place as shall be designated and produce and permit inspection and copying of documents requested by the Movants in the Attachment. You are hereby requested and commissioned to issue the foregoing counsel for Movants such subpoenas from your Court as may be available and necessary for service upon said witness, to produce relevant documents and to assure the attendance of said witness as a deponent in a deposition to be convened by Movants' counsel within your judicial district. This Court specifically observes to you that the reciprocal privileges are extended to members of the Bar of your Court for issuance of equivalent subpoenas within the State of West Virginia. The Honorable Thomas A, Bedell, Circuit Court of Harrison County, West Virginia r DATE This commission tendered by: John Hampton Tinney (W. Va. Bar 43766) John H. Timzey, Jr. (W. Va. Bar 46970) THE TINNEY LAW FIRM PLLC 222 Capitol Street, suite 500 Charleston, 'WV 25301 (304) 881-0629 (Phone) (304) 720-3315 (Facsimile) Daniel J. Lynn Christopher P. Ferragamo (W. Va. I.D. No. 11496) JACKSON & CAMPBELL, P.C. 1120 't'wentieth Street, N. W,,. South Tower Washington, D.C. 20036 Tel;phone: (202) 457-1600 Facsimile: (202) 457-1678 Counsel for Defendants Chartis Claims, Inc. (f/k/a AIG Domestic Claims, Inc) and Commerce & Industry Insurance Company 2 EXHIBIT A TO MOTION FOR COMMISSION AUTHORIZING ISSUANCE OF' SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF AMWINS PROGRAM UNDER'WRITERS INC. in conjunction with the attached subpoenas, Amwins Program Underwriters Inc. ("Arnwins") must testify or the matters set forth below and must produce the documents identified below. For the purposes of these subpoenas, the following terms shall have the meanings set forth below. 1. DEFINITIONS I. "Hess Oil" means Hess Oil Company, Inc., and any current or former parent, subsidiary, division, group, affiliate, predecessor entity or other associated corporation or entity-, and. any and all predecessor entities including, but not limited to and all current and former officers, directors, shareholders, employees, agents, attorneys, third-party claims administrators, advisors; representatives, and other persons acting or purporting to act on its behalf. ?. "C&I" mertns Commerce & Industry Insurance Company and each and every one of its divisions, subdivisions, affiliates, predecessors and successors, and all of its officers, employees, directors, representatives and agents. 3. "DANA" means DANA Insurance & Risk Management and each and every one of its divisions, subdivisions, affiliates, predecessors and successors, and all of its officers, employees, directors, representatives and agents. 1 "Communicatior:" or "communications" means the transmittal of information (in the form of facts, ideas. inquiries, or othenvise) including without limitation, any oral, written, electronic or other transmission of information, demands, or questions, including, but nu. limited to, letters, correspondence, conversations, meetings, discussions, telephone calls, telegrams, act", Is To `b telecopies, telexes, e-mails, seminars, conferences, writings, reports, studies, tests, messages, notes, and memoranda, 5. "Concern" or "concerning" shall mean, without limitation, constituting, referring or relating to, representing, reflecting, incorporating, discussing, mentioning, malting reference, alluding or pertaining to. n. "Document" or "documents" means any written, typed, printed, recorded or graphic matter, however produced or reproduced, of any type or description, regardless of origin or location, in your actual or constructive. possession, custody or control and whether prepared, published, or recorded by you or by any other person or entity, including without limitation all correspondence, records, tables, charts, analyses, graphs, schedules, reports, memoranda., notes, Lists, calendars, telexes, messages (including, but not limited to, reports of telephone conversations and conferences), e-mails, studies, books, periodicals, magazines, booklets, circulars., bulletins (including, but not limited to, interoffice and intro-office communications), material safety data sheets, questionnaires, contracts, agreements, assignments, licenses, certificates, permits, ledgers, books of account, accounting and financial records, orders, invoices, statements, acknowledgements, bills, bills of lading, data processing cards, comput:er- g n-lrated matter, photographs, photo-graphic negatives, phonograph recordings, transcripts or lobs of recordings, all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, expressions or statements of policy, opinions or reports of consultants, lists of persons attending meetings, drafts and revisions of draft= of any documents, invoices, receipts and original preliminary notes. If a document has beer. prepared in several conies, or if additional copies have subsequently been made, or if one or - '' - more copies are not identica': by reason of subsequent modification (e.g., through the addition of notations or other marginalia), each non-identical copy is to be considered a separate document. 7 "Relating to" or "relates to" means consisting of, referring to, descr bip-g, Ci:SCU551P.k?, reflecting, citing, pertairdng to, regarding, evidencing, concerning, sulllmarizing or analyzing, whether directly or indirectly, the matter discussed. 8. "Referring to," "refers to" or "referenced" means consisting of, relating to, describing; discussing, reflecting, citing, pertaining to, regarding, evidencing, concerning, summarizing or analyzing, whether directly or indirectly, the matter discussed. 9. The terms "person" and "persons" mean any natural person, sole proprietorship, corporation, partnership, limited partnership, limited liability company, association, group, organization, federal, state or local government or governmental entity and their parent entities, subsidiaries, affiliates, divisions, predecessors and successors in interest and present and former directors; officers, executives, partners, members, employees, agents or representatives. 10. The term "C&1 Policy" means the Storage Tank Third-Party Liability, Con-ective Action and Clean-Up Policy No. ST 61.69323 issued to Hess Oil with effective dates of October 21. 1997 to October 21, 1998. 11. The term "policy", or "insurance policy" means the full text, regardless of whether available in writing, of every liability insurance contract or agreement, whether primary, excess, or umbrella, including all endorsements, declarations, amendments, modifications, or riders thereto, including without limitation all insurance contracts and agreements designated or identifec! as general liability, public liability, comprehensive general Iiabiiiry, business auto i; abiiitj'.. commercial auto liability, environmental hazard liability, environmental impairment -3- liability, pollution legal liability, or storage tank liability, but excluding all policies relating snleiv to workers' coinpensationlemployer's liability. 1 %. The term "Mount Storrn Site" means Hess Oil's Exxon retail location a!, Mount Storm, West Virginia. 1.3. The terms "leaf:" or "spill" mean the release of any regulated substance, hazardous waste or pollutant of any kind. 14. The terra "Arnwins" means Amwins Program Underwriters Inc. and each and ever, one of its divisions, subdivisions, affiliates, predecessors and successors and all of its officers, employees, directors, representatives and agents. :5. " The terms "you" and "your" refer to Amwins. II. INSTRUCTIONS 1. Unless the text clearly requires otherwise, you shall interpret: a.. he singular form of a word to include the plural and vice verse; b. All pronouns to apply to the male and female benders; c. The word "any" to include the word "all" and vice versa; d. The word "each" to include the words "'any" and "all"; and e. The past tense of a word to include the present, and vice versa. 2. All original documents responsi?re to requests contained in this subpoena duces tecu.m within your possession, custody or control, or within the possession, custody or control of any other persons acting on your behalf or subject to your control should be produced. 3. Whenever in the following paragraphs there is a request to produce documents, you are requested to produce all original documents that are in the possession, custody or control of you or any of your representatives, or those that are reasonably obtainable from other sources. -4- 4. If' you assert that pare of a request for production is objectionable, produce original documents in response to those remaining parts of the request to which you do not object, 5. In responding to a request for production, clearly indicate to which request and subparagraph the documents are responsive, 6. Each request herein for a document or documents to be produced, whether memoranda, reports, letters, minutes or other documents of any description; requires the production of the original document in its entirety, without redaction or expurgation. 7. Copies which differ in any respect from an original (because, by way of example only, handwritten or printed notations have been added) should be produced separately. 8. If any documents which are or which may be responsive to these requests are Nvithhe,ld on grounds of privilege or for any other reason, provide for each such withheld document, within 15 days after production, the date and title of the document, its author, a brief description of its subject matter, the names and addresses of all persons to whom the document has been shown or disseminated, and the basis asserted for withholding or redacting the documents. 9. Unless otherwise noted, you must produce the original documents in response to the requests below. III. TOPICS FOR DEPOSITION A. Documents 1. The existence, source, location and contents of all Documents within Your possession; custody or control that you agreed to search for and/or produce in response to the requests made herein. - 5 - 2. Your efforts to locate documents responsive to the requests made herein. B. Hess Oil's Policies All matters related to your actions in the solicitation, application, underwriting, neeo,iation, formulation, purchase, placement, execution and/or delivery of insurance policies for Hess Oil from January 1, 1996 to January 1, 2000, including but not limited to the C&I Policy. 2. Your practices and procedures relating to the application, underwriting, nevotiation, formulation; purchase, placement, execution, and delivery of insurance policies, including but not limited to storage tarts: third-party liability policies. ?. Your preparation of and/or review of and/or delivery of any application(s) or other materials, whether provided by Hess Oil or any other entity, in connection with the application for, solicitation for, underwriting of, negotiation of. placement of and/or purchase of any insurance policies for or on behalf of Hess Oil, including but not limited to the C&I Policy. 4. All matters relating to the application for, solicitation for, underwriting of, negotiation of, placement of and/or purchase of the C&I Policy and any other policy covering or intended to cover the Mount Storm Site. 5. All matters relating to the negotiation, formulation and drafting of the terms, conditions, exclusions and endorsements of the C&I Policy. 6. Your knowledge relating to any renewal of the C&l Policy and any other policy covering or intended to cover the Mount Storm Site, 7. Your 1<_nowledge relating to termination or cancellation of any policy of insurance issues to I -less covering or intended to cover the Mount Storm Site. -6- b. Your knowledge regarding DANA's or any other entity's ability to bind C&I and/o, act on its behalf in connection with the solicitation for, underwriting of, negotiation of, placement of and/or purchase of the C&I Policy. 9. Your knowledge regarding DANA's or any other entity's authority to sign policies, binders, and/or endorsements on behalf of C&I, and the basis and scope of such authority. 10. Your knowledge regarding DANA's role in the brokering, application for, solicitation for, underwriting of, negotiation of, placement of and/or purchase of the C&.I Policy and an), other policy covering or intended to cover the Mount Stonn Site. C. Communications i . All communications between you and any brokers and/or agents and/or underwriters, including but not limited to DANA, relating to the C&I Policy or any other policy issued to mess covering or intended to cover the Mount Storm Site. 2. All communications between you and C&I relating to the C&I Policy. 3. All conununications between you and anyone, including but not limited to Hess Oil, r°Iating to the solicitation, application:, procurement, underwriting, negotiation, forinulation, purchase, placement, execution and delivery of the C&i Policy or any other policy issued to Hess covering or intended to cover the Mount Storm Site. 4 All communications between you and anyone, including but not limited Lo any insurance company, agent or broker, relating to any leaks or spills that occurred at the Mount Storm Site and Hess Oil's claim(s) for coverage under any insurance policy relating to such leaks or spills. -7- D. Coverage Issues 1. All matters related to whether the C&I Policy provides coverage or was intended to provide coverage for Hess Oi"s claim related to the Mount Storm Site and any such related claim. . All matters relating to your understanding of the construction of the C&I Policy or drafts thereof, including, but not limited to, any section, clause, endorsement, conditior or definition contained in the Policy or any drafts thereof. 3 . All matters related to the kinds of information that is reviewed and that is relevant to the underwriting and issuance of storage tank liability policies like the C&I Policy at issue, 4, The standards gild procedures governing the underwriting and issuance of storage tan, liability policies like the C&I Policy at issue. f. All matters relating to your knowledge and understanding of the brokering, underwriting, issuance, and delivery of the C&I Policy at issue. 6. All matters relating to your knowledge and understanding of the application process relevant to the brokering, underwriting; issuance, and delivery of the C&I. Policy at issue. IV. DESIGNATION OF DOCUMENTS TO RE PRODUCED 1. Yor:r cornplete files relating to the C&I Policy issued to Hess Oil. This request includes, but is not limited to the following: a. The C&I Policy and all amendments of and endorsements to the Policy; b. All drafts of the C&I Policy, amendments or endorsements; C. All correspondence between you and anyone else, consisting of, referring to. or relating to the C&I Policy issued to Hess Oil; d. All documents, including meeting notes and diary entries, consisting of, - 8 - referring to, or relating to the application process; negotiation; amendment, underwriting, placement, renewal, expiration or cancellation and/or delivery of the C&1 Policy or any part thereof; e. All documents consisting of, referring to, or relating to, commenting on or reflecting your, any underwriter's, any insurance broker's, or any other insurer's or insurance organization's interpretation, understanding or construction of the C&I Policy or drafts thereof, including, but not limited to, any section, clause, endorsement, condition or definition contained in the Policy or any drafts thereof; f. All documents consisting of, referring to, or relating to the underwriting, neL_=ouations and interpretations of the endorsements to, exclusions from, and amendments to the C&I Policy; g, All documents that you have used, generated, reviewed, provided to, or received from Hess Coil, any other insurance broker, or any other insurer, in negotiating, amending, placing, underwriting, purchasing; renewing or executing, or considering whether to amend, place, pu xchase, renew or execute the C&1 Policy; h. All documents consisting of, referring to, or relating to the decision by Hess Oil to purchase the C&I Policy; i. All documents consisting of, referring to, or relating to C&I's decision to sell Hess Oil the C&I Policy; j. All documents consisting of, referring to, referencing, or commenting on each draft of the C&I Policy; i:. All clocurnents consisting of, referring to, or relating to the undervriting of the C&I Policy including, but not limited to any specifications of Hess Oil`s insurance 9- requirements and any insurance bids, whether proposed, accepted or rejected, that were submitted by any other insurer; 1. All documents consisting of, referring to, or relating to any loss prevention analysis or insurance risk analysis for Hess Oil. This request includes, but is not limited to, all documents relating to visits to Hess Oil's premises or scheduled locations by any person in connection with the performance of such analysis; M. The application and all corresponding documents submitted on behalf of Hess Oil m C&I relating to the Policy; n. The application and all corresponding documents submitted on behal= of Hess Oil to C&I relating to any insurance poiicies issued by C&I subsequent to the C&I Policy; and o. The application and all corresponding documents submitted on behalf of Hess Oil to an-,7 insurance company from January 1, 1996 to January 1, 2000 relating to any P-DACI V . ?. Any and all documents including, but not limited to, complaints, correspondence, communications, coverage position Ietters, settlement payments; reports, and any other materials or documents relating to claims tendered to any insurer by Hess Oil for the claim relating to the leak or spill at. the Mount. Storm Site. 3. Your complete file regarding or relating to any insurance policies issued to Hess Oizrom .lanuanr 1, 1996 to January 1, 2000, that provide or afford coverage for expenses or Ions re:ated to Hess Oil's claim relating to the leak or spill a` the Mount Storm Site. 4. Any correspondence between You and Hess Oil relating to the C&I Policy or leak or spill at the Mount Stom1 Site. -10- >. Any correspondence between You and any insurance company, including but not limited to C&I, relating to the leak or spills at the Mount Storm Site. 6. Any correspondence between You and any other entity relating to the leak or spill at the Mount Storm Site. ?. Ail documents or materials relating to Hess Oil's claim relating to the Mount Storm Site. 9. All documents relating to any aspect of the topics listed above, - 11 - CERTIFICATE OF SERVICE 1, John H, Ti.nney, Jr., Counsel for Chartis Claims, Inc., (f/k/a AIG Domestic Claims, Inc..) and Commerce & Industry Insurance Company, hereby certify that on the 6th day of September, 2011, 1 served the foregoing "Motion for Commission Authorizing Issuance of Subpoenas for the Deposition and Document Production of Amwins Program underwriters Inc." and proposed "Order" upon counsel of record by depositing true copies thereof in the United States first-class mail, postage prepaid, and addressed to counsel as follows: Kathleen S. McAllister, Esquire DiBella Greer McAllister Best 20 Stanwix Street, 11 0 Floor Pittsburgh, PA 15222 Counsel for Plaintiff Michael J. Romano, Esquire Law Office of Michael J. Romano 128 S, Second Street Clarksburg, WV 26301 Counsel for Defendant, Hess Oil Company, Inc, James A, Varricr, Esquire Geraldine S. Roberts, Esquire NlcNl eer, Highland, McMunn & Varner I1.0. Drawer 2040 Clarksburg, WV 26301 Counsel for Defendant, Hess Oil Company, Inc. Q John Tinney; Jr. (St 8 # 70) ffi B1 ?- IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, VS. Civil Action No. 10-G20-2 (Thomas A. Bedell, Judge) HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. ORDER This Court, having carefully considered the Defendants Chartis Claims. Inc. ("Chartis Claims") (f(k/a AIG Domestic Claims, Inc.) and Commerce & Industry Insurance Company's ("C&I") (collectively "these Defendants") "Motion for Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of Amwins Program Underwriters Inc.," is of the opinion that said Motion should be GRANTED and that discovery of Amwins Program Underwriters Inc. may occur in this case in the Court of Common Pleas of the Ninth Judicial District of Pennsylvania. The Clerk is directed to grant a commission to the Court of Common Pleas of the Ninth Judicial District of Pennsylvania for service of a subpoena upon Amwins Program Underwriters Inc. A commission is attached. ,Z," Enterer oYp o -IV ,/ " / -, L? Thomas A. Bedell, Judize - STATE OF WEST VIRGE IA COUNTY OF HAR_R.IS ONT, TO-WIT: I, Donald L. Kopp II, Clerk of the Fifteenth Judicial Circuit and the 18'h Family Court Circuit of Harrison County, West Virginia, hereby certify the foregoing to be a true copy of the ORDER entered in the above styled action on the day of IN TESTIMONY WHEREOF, I hereunto set my hand and affix Seal of the Court this day of ,? , 20 ,? •r ,,... /' i 1. :? 3r __ Fifteenth Judicial CircuitFamily Court Circuit Clerk Harrison County, West Virginia IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, VS. Civil Action No. 10-C-20-2 The Honorable 3ud;e Bedell HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF AMWINS PROGRAM UNDERWRITERS INC. TO: The Honorable Judge of the Court of Common Pleas of the Ninth Judicial District of Pennsylvania, and to the Clerk of said Court, Cireetings: Upon motion by Defendants AIG Domestic Claims, Inc, n/k/a Chartis Claims, Inc. and Commerce & Industry Insurance Company, by counsel, for the entry of this Commission, said Movants ].laving informed this Court that Amwins Program Underwriters Inc. ("Amwins") is wi.thi_n. the jurisdiction of your Honorable Court, and that Amwins does or may have knowledge and documents relevant to the adjudication of the above civil action. Said Movants wish for the issuance of subpoenas from your Honorable Court'for service upon Amwins for Amwins to appoint a corporate designee to attend a deposition and testify on the topics set froth in the Attached. It is hereby ORDERED that that counsel of record for Movants in the above civil action, whose naives and addresses appear below, are hereby expressly commissioned by this Court to depose the corporate designee a' such date, time and place as shall be designated and produce and permit inspection and copying of documents requested by the Movants in the Attachment. You are hereby requested and commissioned to issue the foregoing counsel for Movants such subpoenas from your Court as may be available and necessary for service upon said witness, to produce relevant documents and to assure the attendance of said witness as a deponent in a deposition to be convened by Movants' counsel within your judicial district. This Court specifically observes to you that the reciprocal privileges are extended to members of the Bar of your Court for issuance of equivalent subpoenas within the State of West Virginia. The Honorable Thomas A. Bedell, Circuit Court of Han-ison County, West Virginia C;bl, DATE This commission tendered by: John Hampton Tinncy (W. Va. Bar 43766) John H. Tinney, Jr. (W. Va. Bar 146970) THE TINNEY LAW FIRM PLLC 222 Capitol Street, suite 500 Charleston, WV 25301 (304) 381-0629 (Phone) (304) 720-3315 (Facsimile) Daniel J. Lynn Christopher P. Ferragamo (W, Va. I.D. No. 11496) JACKSON & CAMPBELL, P.C. 1120 't'wentieth Street, N.W.; South Tower Ddashinnton, D.C. 20036 Telephone: (202) 457-1600 Facsimile: (202) 457-1678 Counsel for Defendants Chartis Claims, Inc, (f/k/a AIG Domestic Claims, Inc) and Commerce & Industry Insurance Company 2 / 117'? / IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, VS. Civil Action No. 10-C-20-2 The Honorable Judge Bedell HESS OIL COMPANY, INC., A1G DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF MARK A. COY TO: The Honorable Judge of the Court of Common Pleas of the Ninth Judicial District of Pennsylvania, and to the Clerk of said Court, C.;reetings: Upon motion by Defendants AIG Domestic Claims, Inc. n/k/a Chartis Claims, Inc, and Commerce & Industry Insurance Company, by counsel, for the entry of this Commission; said Movants having informed this Court that Mark A. Coy is within the jurisdiction of your Honorable Court., and that Mr. Coy does or may have knowledge anu documents relevant to the adjudication of the above civil action. Said Movants wish for the issuance of subpoenas from your Honorable Court for service upon Mr. Coy for him to produce certain documents identified in the Attachment to this Commission and for Mr. Croy to attend a deposition and testify on the topics set forth in the Attached. It is hereby ORDERED that that counsel of record for Movants in the above civil action, whose names and addresses appear below, are hereby expressly commissioned by this Court to depose the corporate designee at such date, time and place as shall be designated and Produce and permit inspection and copying of documents requested by the Movan`.s in the Attaciunent. You are hereby requested and commissioned to issue the foregoing counsel for Movants such subpoenas from your Court as may be available and necessary for service upon said witness, to produce relevant documents and to assure the attendance of said witness as a deporient in a deposition to be convened by Movants' counsel within your judicial district. This Court specifically observes to you that the reciprocal privileges are extended to members of the Bar of your Court for issuance of equivalent subpoenas within the State of West Virginia. G The Honorable Thomas A, Bedell, Circuit Court of Harrison County, West Virginia DATE ' This commission tendered by: John Hampton Tinney (W. Va. Bar #3766) John H. Tinney, Jr. (W. Va. Bar #6970) THE TINNEY LAW FIRM PLLC 222 Capitol Street, suite 500 Charleston, WV 25301 (304) 881-0629 (Phone) (304) 720-3'115 (Facsimile) Daniel J. Lyim Christopher P. Ferragamo (W. Va. I.D. No. 11496) JACKSON & CAMPBELL, P.C. 1 t20 Twentieth Street, N.W., South Tower Washington, D,C. 20036 Telephone: (202) 457-1600 Facsimile: (202) 457-1678 Counsel for Defendants Chartis Claims, Inc. (f/1Ja AIG Domestic Claims, Inc) and Commerce, & Industry Insurance Company EXHIBIT A TO MOTION FOR COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF MARK A. COY In conjunction with the attached subpoenas, Mark A, Coy must testify on the matters set forth below and must produce the documents identified below. For the purposes of' these subpoenas, the following terms shall have the meanings set forth below. I. DEFINITIONS "Hess Oil" means Hess Oil Company, Inc., and any current or former parent, subsidiary, division, group, affiliate, predecessor entity or other associated corporation or entity, and any and all predecessor entities including, but not limited to and all current and :former officers., directors, shareholders, employees, agents, attorneys, third-parry claims administrators, advisors, representatives, and other persons acting or purporting to act on its behalf. 2. "C&I" means Commerce & Industry Insurance Company and each and every one of its divisions, subdivisions, affiliates, predecessors and successors, and all of its officers, employees, d.i.rectors, representatives and agents. 3. "DANTA" means DANA Insurance & Risk Management and each and every one of its divisions, subdivisions, affiliates, predecessors and successors, and all of its officers, employees, directors, representatives and agents. 4. "Communication" or "communications" means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise) including without limitation, any oral, written, electronic or other transmission. of info-nation, demands, or questions, including, but not limited to, letters, correspondence, conversations, meetings, discussions, telephone calls, telegrams, telecopi.es, telexes, e-snails, seminars, conferences, writings, reports, studies, tests, messages, notes, and memoranda. EXHIBIT A S. "Concern" or "concerning" shall mean, without limitation, constituting, referring or relating to, representing, reflecting, incorporating, discussing, mentioning, making reference, alluding or pertaining to. 6. "Document" or "documents" means any written, typed, printed, recorded or graphic matter, however produced or reproduced, of any type or description, regardless of origin or location, in your actual or constructive possession, custody or control and whether prepared, published, or recorded by you or by any other person or entity, including without limitation all coITesPondenee, records, tables, charts, analyses, graphs, schedules, reports, memoranda, notes, lists, calendars, telexes, messages (including, but not limited to, reports of telephon conversations and conferences), e-mails, studies, books, periodicals, magazines, booklets, circulars, bulletins (including, but not limited to, interoffice and intra-office communications), material safety data sheets, questionnaires, contracts, agreements, assignments, licenses, certificates, permits, ledgers, books of account, accounting and financial records, orders, invoices, statements, acknowledgements, bills, bills of Inding, data processing cards, computer- gcnerat.ed matter, photographs, photo-graphic negatives, phonograph recordings, transcripts or logs oC recordings, all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, expressions or statements o F policy, opinions or reports of consultants, lists of persons attending meetings, drafts and revisions of drabs of any documents, invoices, receipts and original preliminary notes. If a document has beep; prepared in several copies, or if additional copies have subsequently been made, or if one or more copies are not identical by reason of subsequent modification (e. g., through the addition of notations or other marginalia), each non-identical copy is to be considered a separate document. -2- I. "Relating to" or "relates to" means consisting of, referring to, describing, discussing, reflecting, citing, pertaining to, regarding, evidencing, concerning, summarizing or analyzing, whether directly or indirectly, the matter discussed. 8. "Referring to," "refers to" or "referenced" means consisting of, relating to, describing, discussing, reflecting, citing, pertaining to, regarding, evidencing, concerning, summarizing or analyzing, whether directly or indirectly, the matter discussed. 9. The terms "person" and "persons" mean any natural person, sole proprietorship, corporation, partnership, limited partnership, limited liability company, association, group, organization, federal; state or local government or governmental entity and their parent entities, subsidiaries, affiliates, divisions, predecessors and successors in interest and present and former directors, officers, executives, partners, members, employees, agents or representatives. 1 o. The term "C&I Policy" means the Storage Tank Third-Party Liability, Corrective Action and Clean-Up Policy No. ST 6169323 issued to Hess Oil with effective dates of October 21, 1997 to October 21, 1998. 11. The term "policy" or "insurance policy" means the full text, regardless of whether available in writing, of every liability insurance contract or agreement, whether primary, excess, or umbrella, including all endorsements, declarations, amendments, modifications, or riders thereto. including without limitation all insurance contracts and agreements designated or identified as general liability, public liability, comprehensive general liability, business auto liabilit},, commercial auto liability, environmental hazard liability, environmental impairment liability, pollution legal liability, or storage tank liability, but excluding all policies relating solely to workers' compensationiemplover's liability. 12. The term "Mount Storm Site'' means Hess Oil's Exxon retail location at Mount Storm, West Virginia. 13. The terms "leak" or "spill" mean the release of any regulated substance, hazardous waste or pollutant of any kind. 14. The terms "you" and "your" refer to Mark E. Coy and any agents, attorneys, and other persons acting or purporting to act on Mark E. Coy's behalf. II. INSTRUCTIONS 1. Unless the text clearly requires otherwise, you shall interpret: a. The singular form of a word to include the plural and vice versa; b. All pronouns to apply to the male and female genders; C. The word "any" to include the word "all" and vice versa; d. The word "each" to include the words "any" and "all"; and e. The past tense of a word to include the present, and vice versa. 2. All original documents responsive to requests contained in this subpoena duces tecum within your possession, custody or control, or within the possession, custody or control of any other persons acting on your behalf or subject to your control should be produced.. 3. Whenever in the following paragraphs there is a request to produce documents, you are requested to produce all original documents that are in the possession, custody or control of you or any of your representatives, or those that are reasonably obtainable from other sources. 4. If you assert that part of a request for production is objectionable, produce oriair:al documents in response to those remaining parts of the request to which you do not obiec:. -4- 5. In responding to a request for production, clearly indicate to which request and subparagraph the documents are responsive. 6. Each request herein for a document or documents to be produced, whether memoranda, reports, letters, minutes or other documents of any description, requires the production of the original document in its entirety, without redaction or expurgation. 7. Copies wluch differ in any respect from an original (because, by way of example only, handwritten or printed notations have been added) should be produced separately, K if any documents which are or which may be responsive to these requests are withheld on grounds of privilege or for any other reason, provide for each such withheld document, within 15 days after production, the date and title of the document, its author, a brief description of its sublect matter, the names and addresses of all persons to whore the document has been shown or disseminated, and the basis asserted for withholding or redacting the documents. 9. Unless otherwise noted, you trust produce the original documents in response to the requests below. III. 'T'OPICS FOR DEPOSITION A. Documents 1. The existence, source, location and contents of all. Documents within your possession, custody or control that you agreed to search for and/or produce in response to the requests made herein. Your efforts to locate documents responsive to the requests made herein, -5- B. Hess Oil's Policies All matters related to your actions in the solicitation, application, underwriting, negotiation, formulation, purchase, placement, execution and/or delivery of insurance policies for Hess Oil from January 1, 1996 to January 1, 2000, including but not limited to the C&I Policy. 2. Your practices and procedures relating to the application, underwriting, negotiation, formulation, purchase, placement, execution, and delivery of insurance policies, includinu but not limited to storage tank third-party liability policies. 3. Your preparation of and/or review of and/or delivery of any application(s) or other materials, whether provided by Hess Oil or any other entity, in connection with the application for, solicitation for, underwriting of, negotiation of, placement of and/or purchase of any insurance policies for or on behalf of Hess Oil, including but not limited to the C&I Policy, 4. All matters relating to the application for, solicitation for, undenvriting of, negotiation of, placement of and/or purchase of the C&I Policy and any other policy covering or intended to cover the Mount Storm Site. 5. All matters relating to the negotiation, formulation and drafting of the terms, conditions, exclusions and endorsements of the C&I Policy, 6. Your knowledge relating to any renewal of the C&I Policy and any other policy coy eri ng or intended to cover the Mount Storm Site. 7. Your knowledge relating to termination or cancellation of any policy of insurance issued to Hess covering or intended to cover the Mount Storm Site. -6- 8. Your knowledge regarding DANA's or any other entity's ability to bind C&I and/or act on its behalf in connection with the solicitation for, underwriting of, negotiation of, placement of and/or purchase of the C&I Policy. 9. Your knowledge regarding DANA's or any other entity's authority to sign policies, biriders, and/or endorsements on behalf of C&I, and the basis and scope of such authority. 10. Your knowledge regarding DANA's role in the brokering, application for, solicitation for, underwriting of, negotiation of, placement of and/or purchase of the C&I Policy and any other policy covering or intended to cover the Mount Storm Site. C. Communications i . All communications between you and any brokers . and/or agents and//or underwriters, including but not limited to DANA, relating to the C&I Policy or any other policy issued to Hess covering or intended to cover the Mount Storm Site. 2. All communications between you and C&I relating to the C&I Policy. 3. All communications between you and anyone, including but not limited to Hess Oil, relating to the solicitation, application, procurement, underwriting, negotiation, formulation, purchase, placement, execution and delivery of the C&I Policy or any other policy issued to Hess covering or intended to cover the Mount Storm Site. 4. All communications between you and anyone, including but not lirnited to any insurance company, agent or broker, relating to any leaks or spills that occurred at the Mount Storm Site and Hess Oil's claim(s) for coverage under any insurance policy relating to such leaks or spills. -7- D. Coverage Issues 1. All matters related to whether the C&I Policy provides coverage or was intended to .provide coverage for Hess Oil's claim related to the Mount Storm Site and any suc'n related claim. 2. All matters relating to your understanding of the construction of the C&I Policy or drafts thereof, including, but not limited to, any section, clause, endorsement, condition or definition contained in the policy or any drafts thereof. 3. All matters related to the kinds of information that is reviewed and that is relevant to the underwriting and issuance of storage tank liability policies like the C&I Policy at issue, 4. The standards and procedures governing the underwriting and issuance of storage tank liability policies like the C&I Policy at issue. 5. All matters relating to your knowledge and understanding of the brokering, underwriting, issuance, and delivery of the C&I Policy at issue. 6. All matters relating to your knowledge and understanding of the application process relevant to the brokering, underwriting, issuance, and delivery of the C&I Policy at issue. T.V. DESIGNATION OF DOCUMENTS TO BE PRODUCED 1. Your complete files relating to the C&I Policy issued to Hess Oil. This request includes, but is not limited to the following: a. The C&I Policy and all amendments of and endorsements to the Policy; b. All drafts of the C&I Policy, amendments or endorsements; C. All correspondence between you and anyone else, consisting of, referring to, or relating to the C&I Policy issued to Hess Oil; - 8 - d. All documents, including meeting notes and diary entries, consisting of, referring to, or relating to the application process, negotiation, amendment, underwriting, pacement, renewal, expiration or cancellation and/or delivery of the C&I Policy or any part thereof, e. All documents consisting of, referring to, or relating to, commenting on or reflecting your, any underwriter's, any insurance broker's, or any other insurer's or insurance organization's interpretation, understanding or construction of the C&I Policy or drafts thereof, including, bu-? not limited to, any section, clause, endorsement, condition or definition contained in the Policy or any drafts thereof; f, All documents consisting of, referring to, or relating to the underwriting, negotiations and interpretations of the endorsements to, exclusions from, and amendments to the C&I Policy; g. All documents that. you have used, generated, reviewed, provided to, or received from F-less Oil, any other insurance broker, or any other insurer, in negotiating, amending, placing, underwriting, purchasing, renewing or executing, or considering whether to amend, place, purchase, renew or execute the C&1 Policy; h. All documents consisting of, referring to, or relating to the decision by Hess Oil to purchase the C&I Policy; All documents consisting of, referring to, or relating to C&I's decision to sell I-less Oil the C&I Policy; j. All documents consisting of, referring to, referencing, or commenting on each draft of the C&I Policy; k. All documents consisting of, referring to, or relating to the underwriting of -9- the C&I Policy including, but not limited to any specifications of Hess Oil's insurance requirements and any insurance bids, whether proposed, accepted or rejected, that were submitted by any other insurer; 1. All documents consisting of, referring to, or relating to any loss prevention analysis or insurance risk analysis for Hess Oil. This request includes, but is not limited to, all documents relating to visits to I-less Oil's premises or scheduled locations by any person in connection with the performance of such analysis; M. The application and all corresponding documents submitted on behalf of Hess Oil to C&I relating to the Policy; n. The application and all corresponding documents submitted on behalf of Hess Oil to C&I relating to any insurance policies issued by C&I subsequent to the C&I Policy; and o. The application and all corresponding documents submitted on behalf of Hess Oil to any insurance company from January 1, 1996 to January 1, 2000 relating lo any policy. 2. Any and all documents including, but not limited to, complaints, correspondence, communications, coverage position letters, settlement payments, reports, and any other inaterials or documents relating to claims tendered to any insurer by Hess Oil for the claim relating to the leak or spill at the Mount Storm Site. 3. Your complete file regarding or relating to any insurance policies issued to Hess Oil from January 1, 1996 to January 1, 2000, that provide or afford coverage for expenses or loss related to Hess Oil's claim relating to the leak or spill at the Mount Storm Site. 4, Any correspondence between You and Hess Oil relating to the C&I Policy or leak or - 10- spill at the Mount Storm Site. 5. Any correspondence between You and any insurance company, including but not limitod to C&I, relating to the leak or spill at the Mount Storm Site, 6. Any correspondence between You and any other entity relating to the leak or spill at the Mount Storm Site. 7. All documents or materials relating to Hess Oil's claim relating to the Mount Storm Site, 8. All documents relating to any aspect of the topics listed above. -11- ,?e' -;?/'7- ? /,, rffi IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, VS. Civil Action No. 10-C-20-2 (Thomas A. Bedell, ,fudge) NESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. ORDER This Court, having carefully considered the Defendants Chards Claims, Inc. ("Chartis Claims") (f/k/a AIG Domestic Claims, Inc.) and Commerce & Industry Insurance Company's ("C&I") (collectively "tbese Defendants") "Motion for Commission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of Mark A. Coy", is of the opinion that said Motion should be GI A.N"I'ED and that discovery of Mark A. Coy may occur in this case in the Court of Common Pleas of the Ninth Judicial District of Pennsylvania. The Clerk is directed to grant a commission to the Court of Common Pleas of the Ninth Judicial District of Pennsylvania for service of a subpoena upon Mark A. Coy. A commission is attached. EnterAlk ?-411 c r?r, ?- Thomas A. Bedell, Judge STATE OF WEST VIRGNIA CO n, TTY OF HAR.IZISO! {, TO-WIT: I, Donald L. Kopp II, Cleric of the Fifteenth Judicial Circuit and the 18`r' Family Court Circuit of Harrison County, West Virginia, hereby certify the foregoing to be a true copy of the ORDER entered in the above styled action on the s.? day of IN TESTIMONY WHEREOF, I hereunto set my hand and affix Seal of the Court this 27 day of, 20%/ . ?- Fifteenth Judicial C' .quit & I8 Family Court Circuit Clerk Harrison County, West Virginia IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, vs. Civil Action No. 10-C-20-2 The Honorable Judge Bedell HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF MARK A. COY T0; The Honorable Judge of the Court of Common Pleas of the Ninth Judicial District of Pennsylvania, and to the Clerk of said Court, Greetings; Upon motion by Defendants AIG Domestic Claims, Inc. n/k/a Chartis Claims, Inc, and Commerce & Industry Insurance Company, by counsel, for the entry of this Commission, said Movants having informed this Court that Mark A. Coy is within the jurisdiction of your Honorable Court., and that Mr. Coy does or may have knowledge and documents relevant to the adjudication of the above civil action. Said Movants wish for the issuance of subpoenas from your Honorable Court for service upon Mr. Coy for lum to produce certain documents identified in the Attachment to this Commission and for Mr. Coy to attend a deposition and testify on the topics set forth in the Attached. It is hereby ORDERED that that counsel of record for Movants in the above civil action, whose names and addresses appear below, are hereby expressly commissioned by this Court to depose the corporate designee at such date, time and place as shall be designated and produce and permit inspection and copying of documents requested by the Movants in the Attachinent. You are hereby requested and commissioned to issue the foregoing counsel for Movants such subpoenas from your Court as may be available and necessary for service upon said witness, to produce relevant documents and to assure the attendance of said witness as a deponent in a deposition to be convened by Movants' counsel within your judicial district. This Court specifically observes to you that the reciprocal privileges are extended to members of the Bar of your Court for issuance of equivalent subpoenas within the State of West Virginia, The Honorable Thomas A, Bedell, Circuit Court of Harrison County, West Virginia a? Z",/ DATE This commission tendered by: John Hampton Tinney (W. Va. Bar #3766) Jolul H. Tinney, Jr. (W. Va. Bar #6970) T"HE TINNEY LAW FIRM PLLC 222 Capitol Street, suite 500 Charleston, WV 25301 (304) 881-0629 (Phone) (304) 720-3315 (Facsimile) Daniel J. Lyru7. Christopher P. Ferragamo (W. Va. LD, No. 11496) JACKSON & CAMPBELL, P.C. 1120 Twentieth Street, N.W., South Tower Washington, D.C. 20036 Telephone: (202) 457-1600 Facsimile: (202) 457-1678 Counsel for Defendants Chartis Claims, Inc. (f/l</a AIG Domestic Claims, Inc) and Commerce & Industry Insurance Company L ffi'j?)'7- 5 IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, vs. Civil Action No. 10-C-20-2 The Honorable Judge Bedell. HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF ;LAMES E. TITUS TO: The Honorable Judge of the Court of Common Pleas of the Second Judicial District of Pennsylvania, and to the Clerk of said Court, Greetings: Upon motion by Defendants AIG Domestic Claims, Inc. n/k/a Chartis Claims, Inc, and Cormnerce & Industry hisurance Company, by counsel, for the entry of this Commission, said Movants having informed this Court that James E. Titus is within th:: jurisdiction of your Honorable Court, and that Mr. Titus does or may have knowledge a .l-' documents relevant to the adjudication of the above civil action. Said Movants wish for the issuance of subpoenas from your Honorable Court for service upon Mr. Titus for him to produce certain documents identified in the Attachment to this Commission and for Mr. Titus to attend a deposition and testify on the topics set forth in the Attached. It is hereby ORDERED that that counsel of record for Movants in the above civil action, whose names and addresses appear below, are hereby expressly commissioned by this Court. to dersose Mr. Titus at such date, time and place as shall be designated and produce and permit inspection and copying of documents requested by the Movants in the Attachment, You are hereby requested and commissioned to issue the foregoing counsel for Movants such subpoenas from your Court as may be available and necessary. for service upon said witness, to produce relevant documents and to assure the attendance of said witness as a deponent in a deposition to be convened by Movants' counsel within your judicial district. This Court specifically observes to you that the reciprocal privileges are extended to members of the Bar of your Court for issuance of equivalent subpoenas within the State of West ?I-Irgiuia. The Honorable Thomas A, Bedell, Circuit Court of Harrison County, West Virginia RO DATE This commission tendered by: John Hampton Tinney (W. Va. Bar #3766) John H. Tinney, Jr. (W. Va. Bar 46970) THE T24NEY LAW FIRM PLLC 222 Capitol Street, suite 500 Charleston, WV 25301 (304) 881-0629 (Phone) (304) 7203315 (Facsimile) Counsel for Defendants Chartis Claims, Inc. (nA AIG Domestic Claims, Inc) and Commerce & Industzy Insurance Company EXHIBIT A TO MOTION FOR COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF JAMES E. TITUS In conjunction with the attached subpoenas, James E. Titus must testify on the matters set forth below and must produce the documents identified below. For the purposes of these subpoenas, the following terms shall have the meanings set forth below. 1. DEFINITIONS 1. "Hess Oil" means Hess Oil Company, Inc., and any current or former parent, subsidiary, division, group, affiliate, predecessor entity or other associated corporation or entity, and any and all predecessor entities including, but not limited to and all current and `orn:; r officers, directors, shareholders, employees, agents, attorneys, third-party claims administrators, advisors, representatives, and other persons acting or purporting to act on its behalf. 2. "C&I" means Commerce & Industry Insurance Company and each and every one of its divisions, subdivisions, affiliates, predecessors and successors, and all of its officers, employees, directors, representatives and agents. 3. "DANA" means DANA Insurance & Risk Management and each and every one of its divisions, subdivisions, affiliates, predecessors and successors, and all of its officers, employees, directors, representatives and agents. 4. "Communication" or "communications" means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise) including without limitation, any oral, written, electronic or other transmission of information, demands, or questions, including, but not limited to, letters, correspondence, conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, e-mails, seminars, conferences, writings, reports, studies, tests, messages, notes, and memoranda. 1a79io9v-.1 EXHIBIT A 5. "Concern" or "concerning" shall mean, without limitation, constituting, referring or relating to, representing, reflecting, incorporating, discussing, mentioning, making reference, alluding or pertaining to. 6. "Document" or "documents" means any written, typed, printed, recorded or graphic matter, however produced or reproduced, of any type or description, regardless of origin or location, in your actual or constructive possession, custody or control and whether prepared, published, or recorded by you or by any other person or entity, including without limitation all correspondence, records, tables, charts, analyses, graphs, schedules, reports, memoranda, notes, lists, calendars, telexes, messages (including, but not limited to, reports of telephone conversations and conferences), e-mails, studies, books, periodicals, magazines, booklet circulars, bulletins (including, but not limited to, interoffice and intra-office communications), material safety data sheets, questionnaires, contracts, agreements, assignments, licenses, certificates, permits, ledgers, books of account, accounting and financial records, orders, invoices, statements, acknowledgements, bills, bills of lading, data processing cards, computer- generated matter, photographs, photo-graphic negatives, phonograph recordings, transcripts or logs of recordings, all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, expressions or statements of policy, opinions or reports of consultants, lists of persons attending meetings, drafts and revisions of drafts of any documents, invoices, receipts and original preliminary notes. If a document has been prepared in several copies, or if additional copies have subsequently been made, or if one or more copies are not identical by reason of subsequent modification (e.g., through the addition of notations or other marginalia), each non-identical copy is to be considered a separate document. -2- 1879109v. I 7. "Relating to" or "relates to" means consisting of, referring to, describing, discussing, reflecting, citing, pertaining to, regarding, evidencing, concerning, summarizing or analyzing, whether directly or indirectly, the matter discussed. 8. "Referring to," "refers to" or "referenced" means consisting of, relating to, describing, discussing, reflecting, citing, pertaining to, regarding, evidencing, concerning, summarizing or analyzing, whether directly or indirectly, the matter discussed. 9. The terms "person" and "persons" mean any natural person, sole proprietorship, corporation, partnership, limited partnership, limited liability company, association, group, organization, federal, state or local government or governmental entity and their parent entities, subsidiaries, affiliates, divisions, predecessors and successors in interest and present and former directors, officers, executives, partners, members, employees, agents or representatives. 10. The term "C&I Policy" means the Storage Tank Third-Party Liability, Corrective Action and Clean-Up Policy No. ST 6169323 issued to Hess Oil with effective dates of October 21, 1997 to October 21, 1998. 11. The term "policy" or "insurance policy" means the full text, regardless of whether available in writing, of every liability insurance contract or agreement, whether primary, excess, or umbrella, including all endorsements, declarations, amendments, modifications, or riders thereto, including without limitation all insurance contracts and agreements design-il.ed .ar identified as general liability, public liability, comprehensive general liability, business auto liability, commercial auto liability, environmental hazard liability, environmental impairment liability, pollution legal liability, or storage tank liability, but excluding all policies relating solely to workers' compensation/employer's liability. -3- 1879109v.1 12. The term "Mount Storm Site" means Hess Oil's Exxon retail location at Mount Storm, West Virginia. 13. The terms "leak" or "spill" mean the release of any regulated ,substance, hazardous waste or pollutant of any kind. 14. The terms "you" and "your" refer to James E. Titus and any agents, attorneys, and other persons acting or purporting to act on James E. Titus's behalf. II. INSTRUCTIONS I . Unless the text clearly requires otherwise, you shall interpret: a. The singular form of a word to include the plural and vice versa; b. All pronouns to apply to the male and female genders; C. The word "any" to include the word "all" and vice versa; d. The word "each" to include the words "any" and "all"; and e. The past tense of a word to include the present, and vice versa. 2. All original documents responsive to requests contained in this subpoena duces tecum within your possession, custody or control, or within the possession, custody or control of any other persons acting on your behalf or subject to your control should be produced. 3. Whenever in the following paragraphs there is a request to produce documents, you are requested to produce all original documents that are in the possession, custody or ?-ontrol of you or any of your representatives, or those that are reasonably obtainable from other sources. 4. If you assert that part of a request for production is objectionable, produce original documents in response to those remaining parts of the request to which you do not object. -4- 1879109v. 1 5. In responding to a request for production, clearly indicate to which request and subparagraph the documents are responsive. 6. Each request herein for a document or documents to be produced, whether memoranda, reports, letters, minutes or other documents of any description, requires the production of the original document in its entirety, without redaction or expurgation. 7. Copies which differ in any respect from an original (because, by way of example only, handwritten or printed notations have been added) should be produced separately. 8. If any documents which are or which may be responsive to these requests are withheld on grounds of privilege or for any other reason, provide for each such withheld document, within 15 days after production, the date and title of the document, its author, a brief description of its subject matter, the names and addresses of all persons to whom the document has been shown or disseminated, and the basis asserted for withholding or redacting the documents. 9. Unless otherwise noted, you must produce the original documents in response to the requests below. III. TOPICS FOR DEPOSITION A. Documents 1. The existence, source, location and contents of all Documents within your possession, custody or control that you agreed to search for and/or produce in response to the requests made herein. 2. Your efforts to locate documents responsive to the requests made herein. B. Hess Oil's Policies -5- 1879109v, l 1. All matters related to your actions in the solicitation, application, underwriting, negotiation, formulation, purchase, placement, execution and/or delivery of insurance policies for Hess Oil from January 1, 1996 to January 1, 2000, including but not limited to the C&I Policy. 2. Your practices and procedures relating to the application, underwriting, negotiation, formulation, purchase, placement, execution, and delivery of insurance policies, including but not limited to storage tank third-party liability policies. 3. Your preparation of and/or review of and/or delivery of any application(s) or other materials, whether provided by Hess Oil or any other entity, in connection with the application for, solicitation for, underwriting of, negotiation of, placement of and/or purchase of any insurance policies for or on behalf of Hess Oil, including but not limited to the C&I Policy. 4. All matters relating to the application for, solicitation for, underwriting of, negotiation of, placement of and/or purchase of the C&I Policy and any other policy covering or intended to cover the Mount Storm Site. 5. All matters relating to the negotiation, formulation and drafting of the terms, conditions, exclusions and endorsements of the C&I Policy. 6. Your knowledge relating to any renewal of the C&I Policy and any other policy covering or intended to cover the Mount Storm Site. 7. Your knowledge relating to termination or cancellation of any policy of insurance issued to Hess covering or intended to cover the Mount Storm Site. 8. Your knowledge regarding DANA'S or any other entity's ability to bind C&I and/or act on its behalf in connection with the solicitation of, underwriting of, negotiation of, placement of and/or purchase of the C&I Policy. -6- 187910%.I 9. Your knowledge regarding DANA's or any other entity's authority to sign policies, binders, and/or endorsements on behalf of C&I, and the basis and scope of such authority. 10. Your knowledge regarding DANA's role in the brokering, application for, solicitation of, underwriting of, negotiation of, placement of and/or purchase of the C&I Policy and any other policy covering or intended to cover the Mount Storm Site. C. Communications 1. All communications between you and any brokers and/or agents and/or underwriters, including but not limited to DANA, relating to the C&I Policy or any other policy issued to Hess covering or intended to cover the Mount Storm Site. 2. All communications between you and C&I relating to the C&I Policy. 3. All communications between you and anyone, including but not limited to Hess Oil, relating to the solicitation, application, procurement, underwriting, negotiation, formulation, purchase, placement, execution and delivery of the C&I Policy or any other policy issued to Hess covering or intended to cover the Mount Storm Site. 4. All communications between you and anyone, including but not limited to any insurance company, agent or broker, relating to any leaks or spills that occurred at the Mount Storm Site and Hess Oil's claim(s) for coverage under any insurance policy relating to such leaks or spills. D. Coverage Issues 1. All matters related to whether the C&I Policy provides coverage or was intended to provide coverage for Hess Oil's claim related to the Mount Storm Site and any such related claim. -7- 1879109v.1 2. All matters relating to your understanding of the construction of the C&I Policy or drafts thereof, including, but not limited to, any section, clause, endorsement, condition or definition contained in the Policy or any drafts thereof. 3. All matters related to the kinds of information that is reviewed and that is relevant to the underwriting and issuance of storage tank liability policies like the C&I Policy at issue. 4. The standards and procedures governing the underwriting and issuance of storage tank liability policies like the C&I Policy at issue. 5. All matters relating to your knowledge and understanding of the brokering, underwriting, issuance, and delivery of the C&I Policy at issue. 6. All matters relating to your knowledge and understanding of the application process relevant to the brokering, underwriting, issuance, and delivery of the C&I Policy at issue. IV. DESIGNATION OF DOCUMENTS TO BE PRODUCED 1. Your complete files relating to the C&I Policy issued to Hess Oil. This request includes, but is not limited to the following: a. The C&I Policy and all amendments of and endorsements to the Policy; b. All drafts of the C&I Policy, amendments or endorsements; C. All correspondence between you and anyone else, consisting of, referring to, or relating to the C&I Policy issued to Hess Oil; d. All documents, including meeting notes and diary entries, consisting of, referring to, or relating to the application process, negotiation, amendment, underwriting, placement, renewal, expiration or cancellation and/or delivery of the C&I Policy or any part thereof; e. All documents consisting of, referring to, or relating to, commenting on or -8- is791o9\.1 reflecting your, any underwriter's, any insurance broker's, or any other insurer's or insurance organization's interpretation, understanding or construction of the C&I Policy or drafts thereof, including, but not limited to, any section, clause, endorsement, condition or definition contained in the Policy or any drafts thereof, f. All documents consisting of, referring to, or relating to the underwriting, negotiations and interpretations of the endorsements to, exclusions from, and amendments to the C&I Policy; g. All documents that you have used, generated, reviewed, provided to, or received from Hess Oil, any other insurance broker, or any other insurer, in negotiating, amending, placing, underwriting, purchasing, renewing or executing, or considering whether to amend, place, purchase, renew or execute the C&I Policy; h. All documents consisting of, referring to, or relating to the decision by Hess Oil to purchase the C&I Policy; i. All documents consisting of, referring to, or relating to C&I's decision to sell Hess Oil the C&I Policy; j. All documents consisting of, referring to, referencing, or commenting on each draft of the C&I Policy; k. All documents consisting of, referring to, or relating to the underwriting of the C&I Policy including, but not limited to any specifications of Hess Oil's insurance requirements and any insurance bids, whether proposed, accepted or rejected, that were submitted by any other insurer; 1. All documents consisting of, referring to, or relating to any loss prevention analysis or insurance risk analysis for Hess Oil. This request includes, but is not limited to, all -9- 1879109v. I documents relating to visits to Hess Oil's premises or scheduled locations by any person in connection with the performance of such analysis; M. The application and all corresponding documents submitted on behalf of Hess Oil to C&I relating to the Policy; n. The application and all corresponding documents submitted on behalf of Hess Oil to C&I relating to any insurance policies issued by C&I subsequent to the C&I Policy; and o. The application and all corresponding documents submitted on behalf of Hess Oil to any insurance company from January 1, 1996 to January 1, 2000 relating to any policy. 2. Any and all documents including, but not limited to, complaints, correspondence, communications, coverage position letters, settlement payments, reports, and any other materials or documents relating to claims tendered to any insurer by Hess Oil for the claim relating to the leak or spill at the Mount Storm Site. 3. Your complete file regarding or relating to any insurance policies issued to Hess Oil from January 1, 1996 to January 1, 2000, that provide or afford coverage for expenses or loss related to Hess Oil's claim relating to the leak or spill at the Mount Storm Site. 4. Any correspondence between You and Hess Oil relating to the C&I Policy or leak or spill at the Mount Storm Site. 5. Any correspondence between You and any insurance company, including but not limited to C&I, relating to the leak or spill at the Mount Storm Site. 6. Any correspondence between You and any other entity relating to the leak or spill at the Mount Storm Site. -10- 1879109v.I 7. All documents or materials relating to Hess Oil's claim relating to the Mount Storm Site. 8. All documents relating to any aspect of the topics listed above. 1879109v.1 ??tna?T IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, VS. Civil Action No. 10-C-20-2 (Thomas A. Bedell, Judge) HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. ORDER This Court, having carefully considered the Defendants Chartis Claims, Inc. ("Chards Claims") (f/k/a AIG Domestic Claims, Inc.) and Commerce & Industry Insurance Company's ("C&I") (collectively "these Defendants") "Motion for Cominission Authorizing Issuance of Subpoenas for the Deposition and Documents Production of James E. Titus", is of the opinion that said Motion should he GRANTTD and that. discovery of James E. Titus may occur in this case in the Court of Common Pleas of the Ninth Judicial District of Pennsylvania. The Clerk is directed to gran. a commission to the Court of Common Pleas of the Ninth Judicial District of Pennsylvania for service of a subpoena upon James E. Titus. A commission is attached. Enter; Thomas A. Bedell, Judge STATE OF WVEST VIRGINIA COUNITY OF HARRIS ON, TO-WIT: f, Donald L, Kopp II, Clerk of the Fifteenth Judicial Circuit and the 18`h Family Court Circuit of Harrison County, West Virginia, hereby certify the foregoing to be a true copy of the ORDER entered in the above styled action 4 on the day ofa IN TESTIMONY WHEREOF, I hereunto set my hand and affix Scal of the Court this day of 20 Fifteenth Judicial Circuit 18`h Family Court Circuit Clerk Harrison County, West Virginia IN THE CIRCUIT COURT FOR HARRISON COUNTY, WEST VIRGINIA RYAN ENVIRONMENTAL, INC., Plaintiff, vs. Civil Action No. 10-C-20-2 The Honorable Judge Bedell HESS OIL COMPANY, INC., AIG DOMESTIC CLAIMS, INC., Division of AIU HOLDINGS, INC., and COMMERCE & INDUSTRY INSURANCE COMPANY, Defendants. COMMISSION AUTHORIZING ISSUANCE OF SUBPOENAS FOR THE DEPOSITION AND DOCUMENT PRODUCTION OF JAMES E. TITUS TO: The Honorable Judge of the Court of Common Pleas of the Second Judicial District of Pennsylvania, and to the Clerk of said Court, Greetings: Upon motion by Defendants AIG Domestic Claims, Inc. n/k/a Chartis Claims, Inc. and Commerce & Industry Insurance Company, by counsel, for the entry of this Commission, said Movants having informed this Court that James E. Titus is within the jurisdiction of your Honorable Court, and that Mr. Titus does or may have knowledge an- documents relevant to the adjudication of the above civil action. Said Movants wish for the issuance of subpoenas from your Honorable Court for service upon Mr. Titus for him to produce certain documents identified in the Attachment to this Commission and for Mr. Titus to attend a deposition and'testify on the topics set forth in the Attached. It is hereby ORDERED that that counsel of record for Movants in the above civil action, whose names and addresses appear below, are hereby expressly commissioned by this :qn Court to depose Mr. Titus at such date, tine and place as shall be designated and produce and permit inspection and copying of documents requested by the Movants in the Attachment, You are hereby requested and coirmissioned to issue the foregoing counsel for Movants such subpoenas from your Court as may be available and necessary, for service upon said witness, to produce relevant documents and to assure the attendance of said witness as a deponent in a deposition to be convened by Movants' counsel within your judicial district. This Court specifically observes to you that the reciprocal privileges are extended to members of the Bar of your Court for issuance of equivalent subpoenas within the State of West Virginia. (1? /;. The Honorable Thomas A. Bedell, Circuit Court of Harrison County, West Virginia cam! ed?e_?- .24, ETTEC) This commission tendered by: John 14amp'ton Tinney (W. Va. Bar #3766) John H. Tirtney, Jr. (W, Va. Bar 46970) THE TDThMY LAW FIRM PLLC 222 Capitol Stroet, suite 500 Charleston, WV 25301 (304) 881-0629 (Phone) (304) 720-3315 (Facsimile) Counsel for Defendants Chartis Claims, Inc, (LWa AIG Domestic Claims, Inc) and Commerce & Industry Insurance Company