Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :07-cv-00420-SLR-IVI PT Document 8 Filed 08/06/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT DELAWARE
Howard Hughes Medical Institute,
- Plaintiff,
V' Civil Action No. 07420***
Factory Mutual Insurance Company,
Defendant. J URY TRIAL DEMANDED
PLAINTIFIEFS ANSWER TO DEFENI)Al\lT’S COUNTERCLAIM
Plaintiff, Howard Hughes Medical Institute, ("I~lI~lMl"), by its undersigned
counsel, as its Answer to the Counterclaini for Declaratory Relief Under the Pelicy’s Appraisal
Clause (the ‘“Counterclairn’”) tiled by Defendant, Factory Mutual insurance Company, ("FM"),
responds and alleges as follows:
Plaintiffs Answer to Counterclaim for Declaratory Relief
1. Denies the allegations contained in Paragraph “l " ofthe Cotmterclairn,
except admits that the Policy contains an appraisal provision and respectfully refers the Court to
the Policy for the terms of that provision.
2. Denies the allegations contained in Paragraph "2" of the Counterclaim,
except admits that FM sent HHMI a letter, dated May l5, 2007, in which FM invoked the
appraisal provision in the Policy and admits that FM sent HHMI a letter, dated June 4, 2007, in
which FM identified its appraiser as Jonathan Held, Held Associates, Inc.
3. Denies the allegations contained in Paragraph "3" ofthe Counterclairn,
except admits that l~lI·IMI’s counsel sent a letter to FM, dated June 5, 2007, that enclosed a

Case 1 :07-cv-00420-SLR-IVI PT Document 8 Filed 08/06/2007 Page 2 of 3
courtesy copy of the Complaint, stated that appraisal is inappropriate because the dispute
between the parties deals predominately with a question of law and, to avoid any potential claim
by FM that HHMI had waived any rights in an appraisal, noted that if an appraisal were
eventually to proceed, HHMI would use Russ Opferkuch, AON Horizon Consultants as its
appraiser.
4. Denies the allegations contained in Paragraph ‘°4" of the Counterclain:1.
5. Denies the allegations contained in Paragraph "5" ofthe Counterclaim.
I Affirmative Defenses
l. The dispute between the parties entails a question or questions of law
which areinappropriate for resolution via appraisal.
2. Resolution ofthe disputed question or questions of law in l~Il—Il\fll’s favor
would obviate most if not all ofthe purported “pure questions of value and amount of loss"
· alleged in the Counterclaim.
3. To the extent that any part ofthe dispute between the parties pertains to
"pure questions of value and amount of loss," as alleged in the Counterclaim, it is most efticient
to resolve all parts ofthe dispute conternporaneously in this action.
4. Because there are disputed legal issues between the parties, such issues
must be resolved through this action before any issues dealing solely with valuation, to the extent
any exist, could be dealt with via appraisal. .
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Case 1 :07-cv-00420-SLR-IVI PT Document 8 Filed 08/06/2007 Page 3 of 3
WHEREFORE, HHMI demands judgment:
a. Dismissing the Counterclaim in its entirety; and
b. Awarding HEMI such other and further relief as this Court deems
just and proper.
Dated: August 6, 2007
Of Counsel: POT .;_A:_ R ANDERSON .t___ O fe. L ..__ '
`d;e=/. · - £*/t i i ‘*/ft~ s·r_; ‘
Richard P. Lewis ttt__ _ ( p.=J.. 1- ·-·-: ; ( ; ., ...._p
Marshall Giiimsky By i./i‘ ‘ .._.t iQ. ::-- 1 ---`’` A -·‘`=‘ 9 ___t.-- __r.::; A ‘·‘ ‘ =-t L .»-//ti‘‘‘ z
ANDERSON KILL & OLICK, P.C. David J. Baldwin (N ‘’‘i it ‘"`‘‘ `T‘”
1251 Avenue ofthe Americas Jennifer C. Wasson -493 3)
New York, New York 10020-1182 Hercules Plaza tt`‘‘``i'
(212) 2784000 1313 North Market Street, 6th Floor
Wilmington, Delaware 19801
(302) 984-6017
Email: dbaidwin(c?Jpettera12.de1rson,com
j;>WvWja,s_so11.§ri)igggt_t,g>ra.nde__1;·3c_q11.00111;
Attorneys for PZaintw'H0wczrci Hughes Medical
Institute ’
811028/ Nvoocsi-seazsai
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Case 1:07-cv—00420-SLR-IVIPT Document 8-2 Filed 08/06/2007 Page 1 of 1
· IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, David J. Baldwin, hereby certify that, on August 6, 2007, the foregoing
Plaintiffs Answer to Defendant's Counterclaim was filed electronically with the Clerk of `
Court using CM/ECP which will send notiilcation of snch filing to the following Delaware
attorney of record for Defendant stating that the document is available for viewing and
downloading from CM/ECP, and that a copy was served by e~1nail and by hand on the following
Delaware attorney of record:
Robert S. Goldman, Esquire
Lisa C. McLaughlin, Esquire
PHILLIPS, GOLDMAN & SPENCE, P.A.
1200 North Broom Street
Wilmington, DE 19806
and that a copy was served by e-mail and first-class mail on the following non—Delaware counsel
for Defendant:
y Thomas S. Brown, Esquire
GIBBONS, P.C.
1700 Two Logan Square
18th and Arch Street
Philadelphia, PA 19103
' if ,l
n `·__ w__ "
David J. Baldwin vi-= .i-·»-t
POTTER ANDE '-i_ ___,,. , & CORROON LLP
Hercules Plaza, 6th Floor
1313 North Market Street
Wilmington, DE 19801
Telephone: (302) 984-6000
E—l\/Iail: [email protected]
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