Free Reply in Support of Motion - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT
Nh VY FOR THE DISTRICT OF ARIZONA
U—HAUL INTERNATIONAL, INC.; U—HAUL )
COMPANY OF PENNSYLVANIA; U—HAUL )
· COMPANY OF FLORIDA; AND REPUBLIC )
WESTERN INSURANCE COMPANY, )
‘ i
- Plaintiffs, )
)
v. ) No. CIV—04—0662 PHX—DGC
>
LUMBERMEN'S MUTUAL CASUALTY )
COMPANY, _ )
)
— . Defendants. )
___________________;____>
-
LUMBERMEN'S MUTUAL CASUALTY )
COMPANY, _ A ) `
)
Defendant/Counter—PIaintiff, ) ‘
)
I V v. . )
· _ REPUBLIC WESTERN INSURANCE CO.; )
U—HAUL INTERNATIONAL INC.; et al., )
)
Counter—Defendants. )
__?_______________________) .
DEPOSITION OF RONALD K. McCARTY
Phoenix, Arizona _ 5
" February I5, 2005
` 9:01 a.m.
REPORTED BY: @Q§
DIANE DONOHO, RPR
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court reporters
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ORIGINAL ·:`· Central Avenue
‘* - _ . Phoenix, Arizona 85012
T 602.264 2230
B BBB.5299990
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Case 2.04-ev-00062-Dec 0 um - i ei 00/08/2006 pa”§”£gi‘3i€§°

DEPOSITION OF RONALD K. McCARTY — 02/15/05 Page 24
1 A. Yes, I would have been.
2 Q. And what do you recall of that process leading up
3 to renewal?
4 MR. FRAGNER: Objection to the form. Vague and
5 ambiguous. What do you mean by "process"? You can answer
6 if you know.
7 Q. BY MR. GILL: That is prior to the renewal
8 actually taking effect, were there certain things you did
9 during the months before that to make decisions pertaining
10 to what would be renewed and what might be ——
11 A. Yes. There was a an information gathering
12 process requested essentially by the broker Aon, and you _
13 know, they gave me some advanced notice that policies were
.1. 14 coming up for renewal. And there were certain applications
15 and information that needed to be gathered to present to the
16 insurers for renewal to present to them to, you know, to
17 mark the renewal covq§§g%&mm% I
18 Q. Who at Aon did you communicate with for that 1998
19 renewal for U—Haul?
20 A. Mike Mizrachi. Essentially he had an assistant.
21 Q. Mae Sandoval, did you communicate with her too?
22 A. Quite a bit.
23 Q. So then do you know if Aon was U—Haul's broker?
24 MR. FRAGNER: Objection to the form of the
25 question.
I 1 /GRIFFIN AND ASSOCIATES — (602) 264-2230
Case 2:04-cv-00662-DGC Document 136-5 Filed O9/O8/2006 Page 2 of 3

DEPOSITION OF RONALD K. McCARTY — 02/15/05 Page 25
1 THE WITNESS: Yes, they were. They were the
2 broker at that time.
3 Q. BY MR. GILL: Do you know if there was a written
4 broker agreement at any time with Aon?
5 A. Not aware that there was at that time.
6 Q. Were you the one who was working directly with
7 Aon for the April 1, '98, renewal?
8 A. Primarily.
9 Q. Who else?
10 A. Well, I may have had some assistants, you know,
11 some staff members perhaps help me gather information. I
12 may have gone —~ I may have gone to some departments in
V 13 U—Haul for information on some renewals. I remember, for
1 i 14 example, the one policy that addressed employee benefit
15 liability. So I had to consult with human resources for
16 information. And I think in the retirement pension benefit
17 area, I consulted to get some data. And then, of course,
18 internally with Republic Western, U—Haul, we had to secure
19 loss information from accounting people, and some risk
20 management staff members may have assisted with that.
21 Q. For the April 1, 1998, renewals did you use Aon
22 to handle replacement of Republic Western's policies?
23 MR. FRAGNER: Objection to the form, considering
24 the word "replacement."
25 Q. BY MR. GILLF Replacement issuance.
l U GRIFFIN AND ASSOCIATES — (602) 264-2230
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