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

IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF ARIZONA
Supersedeas and Cost on Appeal Bond
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| Plaintiffs/Counter-Defendants, ~ I
vs. i Bond Number: i
. Lumbennens Mutual Casualty Company,
Defendant, Counter—P1aintiff.
AFFIDAVIT
Benjamin Schwartz, being first duly sworn, on oath, deposes and states:
l. I am Sign Q; .P¢¢uI·1\‘f Lumbennens Mutual Casualty Company
("Lumbermens"). I submit this Affidavit in support of the motion by Lumbermens to substitute
asupersedeas bond in this matter for a portion of the total judgment. E
2. In 1998, Kemper Insurance Companies, which includes Lumbermens, entered into
the Umbrella/Excess Casualty Reinsurance Agreement ("Reinsurance Agreement") with several
subscribing reinsurers, including Scor. Pursuant to the Reinsurance Agreement, Scor agreed to
reimburse Lumbennens for a certain proportionate share of loss and loss expense covered
thereunder.
3. In this matter, on June 7, 2007, Lumbennens posted a bond in the amount of
$2,858,000.00 which, due to Lumbermens’ current financial condition, was fully collateralized.
4. To the best of my knowledge, Seor 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.
Case 2:04-cv-00662-DGC Document 216-4 Filed 06/13/2008 Page 1 of2


5. At Scor’s request, Lurnbermens has agreed to give Scor the opportunity to
independently post a supersedeas bond in the amount of $202,487.79 (being Scor’s proportionate
P share under the Reinsurance Agreement of the amount in dispute with Plaintiffs) in substitution
Q for that equivalent portion of Lumbermens’ bond.
6. Scor has agreed to independently and directly post a supersedeas bond in such
amount using the same form as the bond previously used by Lumbermens.
7. Scor’s independent posting of such a bond would not, to the best of my
knowledge and information, in any way diminish any of the rights of the judgment creditor.
8. Lumbermens is ready, willing and able to independently post a supersedeas bond
in the amount of amount of $2,655,5l2.2l, which, with the bond posted by Scor, will total the
same amount as the existing bond posted by Lumbermens. Attached as Exhibit B is an
unexecuted copy of the bond which will be filed by Lumbermens.
DATED: May Lil/@008 E 3 Q S )
Benjamin Schwartz
Subscribed and sworn to before
me this gcglglof May, 2008.
t Ay Public
Document #: 774426
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Z "OFFICIAL SEAL" g
i $ JOYCE M. SWIATEK z
i 2 Notary Public, State of Illinois 0 :
2 · · ' 09/18/1
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Case 2:04-cv—00662-DGC Document 216-4 Filed 06/13/2008 Page 2 of 2


Case 2:04-cv-00662-DGC

Document 216-4

Filed 06/13/2008

Page 1 of 2

Case 2:04-cv-00662-DGC

Document 216-4

Filed 06/13/2008

Page 2 of 2