Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:01-cv-02018-RPM-MJW

Document 647-6
Dennis Reilly, Volume II

Filed 03/01/2006

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Page 293 ~

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-M-2018 (MJW)

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APARTMENT INVESTMENT AND MANAGEMENT COMPANY, a/k/a AIMCO, a Maryland corporation,

Plaintiff,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a Pennsylvania corporation, SECURITY INSURANCE COMPANY OF HARTFORD, a

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Connecticut corporation,
FIRST CAPITAL AGENCY, INC., d/b/a FIRST CAPITAL GROUP, a New York corporation, NATIONAL PROGRAM SERVICES, INC., a New Jersey

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corporation,
VITO B. GRUPPUSO, a New Jersey resident, and ROGER METZGER ASSOCIATES, a New York corporation,

Defendants.
DEPOSITION OF DENNIS REILLY - VOLUME II PURSUANT TO NOTICE, the above-entitled deposition was taken on behalf of the Plaintiff at 885 Third Avenue on October 14, 2003 at 9:11 a.m, before Dawn E. Eastman (CalderwOOd), Certified Shorthand Reporter, Registered

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Professional Reporter, and Notary Public.

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L

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Calderwood-Mackelprang, Inc. 303.477.3500

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Case 1:01-cv-02018-RPM-MJW

Document 647-6

Filed 03/01/2006

Page 2 of 3

Dennis Reilly, Volume II

Page 483

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policy.
Q. Would that have been 4 excess of I? A. It could have been, yes.

Q. Do you recall that being a discussion
which was taking place in this August or September
time frame?

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A.

I do recall a conversation about a

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Q. Okay. The next bul let point says:
"We are willing to modify the wind aggregate to just
apply to the i Named Storm' coverage similar to the

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deductible wording for the 6 million three-year
additional premium that was offered at this

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meeting. "
Do you know what that i s referring to,

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that paragraph?

A.
addi tional

No.

I

don't recall a
Do

$6

million

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this

you remember a discussion in time period of increasing wind coverages?
Q.

premium. Okay.

A. I remember that in September - - some
point in September, I bel ieve, there was a meeting
up in Roger Metzger i s office where there was Vito

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Gruppuso, Ray Baldwin, Joe Davis, Al Moss, Don
Kelly, and Richie Metzger and myself, and this was
,,
ealderwood-Mackelprang, Inc. 303.477.3500

Case 1:01-cv-02018-RPM-MJW

Document 647-6

Filed 03/01/2006

Page 3 of 3

Denn Reily, Volume II

Page 484 ,

1 after the meeting that had happened at NPS i s office

2 wi th Ray Baldwin.
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Q.

Okay.
And AIG was talking about the losses

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A.

5 are climbing, and this and that; and they started
6 talking about higher deductibles and what have you.

7 And also Ray Baldwin, at the same
8 time, was wanting to get more coverage for the wind.

9 They talked about a cancellation provision

10 instead of having it 120 days, bringing it down to
11 90. We were also talking about a rerating function.

12 And at that point there, Ray Baldwin
,3 and Vito had offered up an additional premium of $10
14 million if we could get the - - leave the deductible

15 the same, change the cancellation clause, and to get

16 some kind of automatic rerating provision on the

17 anniversary date.

18 Q. The meeting you just testified to that
19 you think occurred sometime in the September time

20 frame, was that meeting attended by any
21 representative of National Union or Lexington? 22 A. No. But there was and I'm hoping I

23 don't get my dates screwed up here; this is getting
24 a little confusing -- but no, there was -- not
. -'.5 physically in the room, no.

Calderwood-Mackelprang, Inc. 303.477.3500