Free Opening Brief in Support - District Court of Delaware - Delaware

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Case 1:04-cv-01275-KAJ

Document 45-6

Filed 06/08/2005

Page 1 of 3

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Michael Tighe Po Box 1031 Wilmington, Dc 19899

Re : claiin#25945 Dal : 9/15103 insured: Don's hydraulics Claimants : Fieldale Farms Your file#6652

Dear Mike, Thank you for your letter of February 12, 2004 in regards to the above . I have faxed a copy of the reservation of rights letter that was sent to Mr . Cathell on November 12, 2003 . Your letter states I have been on notice for 4 months regarding this case. That is mistaken, I was told about this claim on November 7, 2003 . Based on Mr . Cathell's coverage with Colony Insurance; which is a CGLpolicy(corom.ercial general liability), his policy with us would only provide coverage for resulting property damage. The resulting property damage would be the 4200 gallons of hydraulic oil that was contaminated . I believe the invoice for this clean up is $16569 .60 . If this amount is incorrect, please let me !know. I will be forwarding a cheek for this amount under separate cover. There is no coverage for the downtime if it was a result of the failure of the pumps and there is no coverage to repair or replace the pumps since this is considered to be part of Don's "work product". I would also like to inform you that your letter requesting the return of the materials that Don's Hydraulics provided to the engineer for inspection needs to be requested from the engineer . I do not have nor did I ever have any possession of Don's materials . The engineer is Tom ;Butler with SEA and he can be reached at 800635-9507 . I suggest you contact him.

L a La Claims adjsuter

wwv . rgOnaUtg_eup .com

9201 Forest

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Ave ., Snitc 200

Richmond, Y'

23235 Phone 800 577 .661 4 Fax 04 327 .1792



Case 1:04-cv-01275-KAJ

Document 45-6

Filed 06/08/2005

Page 2 of 3

T i COTT `LL·& .LO ti Attorneys at Law 704 NORTHKING STREET SUITE 500 P. O. BOX 1031 WIL.t lNGTON DELAWARE 19899
Telephone 1VNumber: (302)658 .6400 . Telecopier Number : (302) 658-9836 TOIL Free : (SOO) 645-6401 WRITER 'S nutizhee.lawtcl.cOm
BRANCH OFFICES: .. 19 F3ESTAT'ENUE P.O. BOX 303 WT'OODITOW , NJ 08098 1220-C EAST JOPPA ROAD. SUITE 505 ; TOWSON, MD 212.86 2017 SPRING GARDENSTREET :p bELP191A. PA 19130-3804_ ..

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April 5, 2004 Tom`Hensley Fieldale -Poultry Farms P .O . Box 558 Baldwin, GA 30511 RE : Re : Don's Hydraulics. Our File No . 6652 Dear Tom.: . .I enclose a check in the amount_ of $1 .6, 569 . best to try to recover as much of this loss as I can .
Very tru.ly . yours,

will. do

Y

MICHAEL

TIGHE

MKTflk cc : Dori Cathal l w/copy of release . .

Case 1:04-cv-01275-KAJ

Document 45-6

Filed 06/08/2005

Page 3 of 3