Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:O7—cv-00048-JJF Document 11 Filed O3/15/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
M. DIANE KOKEN, in her official capacity :
as Insurance Commissioner of the Commonwealth :
of Pennsylvania, as Liquidator of RELIANCE :
INSURANCE COMPANY (IN LIQUIDATION), 2
Plaintiff, Z
v. CIVIL ACTION NO. 07-48
PAULA FINANCIAL,
Defendant.
PLAINTIFF’S REPLY AND AFFIRMATIVE DEFENSES
TO DEFENDANT’S COUNTERCLAIM
Plaintiff by and through her attomeys Fox Rothschild LLP, hereby replies and asserts
affirmative defenses to the counterclaim of defendant Paula Financial ("Defendant") as follows:
COUNTERCLAIM
FIRST COUNTERCLAIM
(Declaratory Judgment)
l. Denied. The allegations in this paragraph are conclusions of law to which no
response is required.
2. Denied. The allegations in this paragraph are conclusions of law to which no
response is required.
3. Denied. The allegations contained in this paragraph are conclusions of law to
which no response is required.
AFFIRMATIVE DEFENSES
Plaintiff asserts the following affirmative defenses to Defendant’s counterclaim.

Case 1:O7—cv-00048-JJF Document 11 Filed 03/15/2007 Page 2 of 2
FIRST AF FIRMATIVE DEFENSE
Defendant has failed to state a claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
Defendant is specifically barred from seeking a declaratory judgment action against
Reliance Insurance Company by the October 3, 2001 Order of Liquidation. E a true and
correct copy of the October 3, 2001 Order of Liquidation attached as Exhibit "A" to the
Complaint at fi 22.
THIRD AFFIRMATIVE DEFENSE
Plaintiff reserves the right to assert any additional Affirmative Defenses that may arise
during the course of discovery.
WHEREFORE, Plaintiff demands judgment in her favor and against Defendant Paula
Financial dismissing the Counterclaim with prejudice and for other such further relief as the
Court deems just and appropriate.
By: /s/ Sheldon IC Rennie
Sheldon K. Rennie, Esquire (I.D. No. 3772)
FOX ROTHSCHILD LLP
919 N. Market Street, Suite 1300
P.O. Box 2323
Wilmington, DE 19899-2323
(302) 654-7444
-AND-
Of Counsel
Gerald E. Arth, Esquire
Cheryl A. Garber, Esquire
FOX ROTHSCHILD LLP
2000 Market Street, Tenth Floor
Philadelphia, PA 19103-3291
(215) 299-2000
Attorneys for Plaintw
Dated: March i5, 2007
2

Case 1:07-cv-00048-JJF Document 11-2 Filed O3/15/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
M. DIANE KOKEN, in her official capacity :
as Insurance Commissioner ofthe Commonwealth :
of Pennsylvania, as Liquidator of RELIANCE :
INSURANCE COMPANY (IN LIQUIDATION), :
Piamnrr, Q
v. CIVIL ACTION NO. 07-48
PAULA FINANCIAL,
Defendant.
CERTIFICATE OF SERVICE
I, Sheldon K. Rennie, Esquire, hereby certify that on this 15* day of March, 2007, I
served a true and correct copy of the Plaim‘q”f’s Reply and Affirmative Defenses to Degfendanfs
Caunterclaim, on the following via filing electronically with the Clerk of Court using CM/ECF
which will send notification of such filing(s) to the following and which has also been served as
noted:
Chad M. Shandler, Esquire
Jamison Tweedie, Esquire
Richards Layton & Finger
One Rodney Square
920 North King Street
Wilmington, DE 19801
Attorneys for De]%na'ant, Paula Financial
William K. Swank, Esquire
Jonathan G. Fetterly, Esquire
Holme Roberts & Owen LLP
777 S. Figueroa Street, Suite 2800
Los Angeles, CA 90017-5826
Of Counsel for Dekndant, Paula Financial
/s/ Sheldon RZ Rennie
Sheldon K. Rennie, Esquire (#3772)