Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
U—Haul International, Inc., et al.
Plaintiffs/Counter-Defendants, ,
l
vs. i
l l
Lumbermens Mutual Casualty Company, ,
i Defendant, Counter-Plaintiff.
AFFIDAVIT
STATE OF NEW YORK )
COUNTY OF NEW YORK
I, Richard Genity, being duly sworn, deposes and says as follows:
l. I arn Vice President of Scor Reinsurance Company ("Scor"). I submit this Affidavit in
support of the motion by Lurnberniens Mutual Casualty Company (“Lumbermens") to file two
bonds to substitute in place of the Supersedeas Bond which this Court approved in an order dated
July 20, 2007.
2. In 1997, Kemper Insurance Companies, including Lumbermens, entered into an Umbrella
Excess Quota Share Reinsurance Agreement with several subscribing reinsurers, including Scor.
Pursuant to the Reinsurance Agreement, Scor agreed to reimburse Lumhermens for a certain
proportionate share of losses covered thereunder.
3. In this matter, on June 7, 2007, Lumbermens posted a bond in the amount of $2,858,000.0U
which to the best of my knowledge was fully collateralized by Lumbermens. Lumbermens has
informed Scor that its current financial condition does not enable it to secure uncollateralized
appeal bonds in this amount.
4. Scor is a financially solvent A—rated reinsurer which has operated continuously in the United
States for over thirty years. Scor is domiciled in New York, has a policyholder’s surplus in
excess of $470 million and is licensed or accredited in all fifty states.
5. Scor has agreed to independently post an uncollateralized supersedeas bond in the amount of
$202,487.79 (being Scor’s proportionate share under the Reinsurance Agreement of the amount
in dispute with Plaintiffs) in substitution for that equivalent portion of Lumbermens’ bond.
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6. Scor has agreed to independently and directly post an uncollateralized supersedeas bond in
such amount using the same form as the bond previously used by Lumbermens. The total
supersedeas bonds will be the same amount as presently established.
7. Scor’s independent posting of such a bond would not, to the best of my knowledge and
information, in any way diminish any ofthe rights of the judgment creditor.
8. Scor is ready, willing and able to independently post an uncollateralized supersedeas bond in
the amount of $202,48779. Attached as Exhibit A is an unexecuted copy ofthe bond which will
be filed by Scot.
DATED: New York, New York
June Q, 2008
char Gerrity
Subscribed an/d sworn to before
`ftic
me this {Q ofiune, 2008.
NOYBIY Publi ‘ N0f8!'y Public, State of New York
Qualiihlaii '0 lilIM6OY8zi<4g
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Commission Expires Ailigustcgnglo LQ
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Case 2:04-cv-00662-DGC

Document 216-5

Filed 06/13/2008

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Case 2:04-cv-00662-DGC

Document 216-5

Filed 06/13/2008

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