Case 2:04-cv-00662-DGC Document 112-6 Filed 09/30/2005 Page 1 of 68
M UTUAL
CASUALTv
COM PAN'Y
A mutual
CoveraRe
vq·
Pa· of me po V
tn,s
k
·e·gnated in t·o
oi
ces·nated and)s entkJed proxy at any and af· m·=,'-
Doh·he ;s
a member to vote either
of ·ne
AMERICAN
MOTORISTS
INSURANCE
COMPANY
/nsurance herein called the company, ComPany, or AMIGO Home Office: (847] 3J0-3237 tong Grove, IL 50049-000]
A stock
AMERICAN
MUTUAl.
·N U FACTUR·RS
!NhURANCE COMPANY
'qome
Lon· Grove, iL
AMERICAN
herein called the ComDdnv Office: (847] 328
3·2'37
·r
the Lumbermens Company is held a·its home office in Mutual Casuai· Long Grove, Tuescay in May of ea·u year aE eleven IL, on ·' A.M,
The annual meetin· of
PROTECT!ON NSUP·NcE ZOMPANY
·l.
·,ome Off ce ong Grove, IL
cah'ed
fqe
(84·? m·any' or AMPIC© 320-3237
·0049-000·
The annual meeting of the American Mutua! insurance Manufacturers Long Grove, IL, on·mpany is held at [· home office in the ·/rd Tuesday in year at nine-o'cbek A.M, May of each
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
·
Company, or Home Office: (847) 320-323· LMC Lon· Grove, IL 60049-D001
here;n called the
insurance company,
,·
Y'
·%
insured
·ereby
8f
notify,4
-". Dy :·a·
company,
in pe·on or
by
o:dock
Page 2 of 68
COMMERCIAL EXCESS CHAN'GE
THIS
CUSTOMER NUMBER: 9SR320·37_02 EFFECTIVE DATE OF CHANCE:
POLI· NUMBER:
9$Rq2DD37-02
ENDORSEMENT
PLEASE READ IT CAREFULLy.
POLICY
E,N'DORSEMENTCHANCES THE POLICY.
04131/2000
CHANCE ENDORSE,·v·ENT #302
Named Insured ·ERCO/u HAUL, ETAL
Po· P·,;
CHANGES
98) READ AS FOLLOws: COZ'AAHERCIAL EXCESS LIM·S OF LIABILITYIS AMENDED TO
CE 79·4
[ED. 05
st3,000,000
$13,000,000
S S,000,DDD
·re·ate Produc·
Ea· Oc·rr·ncc
(where applicable)
·c---·
sold only)
·i 2,030,000
Excess
Polky-Forms Added or Deleted by this Change:
[OTAL
PREMIUM DUE:
TOTAL AMOUNT DUE:
PRODUCER:
AO·, 850
PHOENIX, ARIZONA 85004
700
COuNTERSIGNATuRE:
DAT·C: 8912·12001
C£ 79 £2 (Ed. 10 £g)
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 3 of 68
·
INC AZ ·,, C·Tp,·L AVENUE, SUITE
RISKSERVICES,
OF
P
ODUCER CODE: 73
SCHEDULE OF
·eq"·
U
,DERLYI,NC/NSbRANcE
o'.·e·se, tn·s aolicy ·s s·'b,;ec:
to
XCESS
;o·s,
·i
·
apply
·,,e
.,·
Ly.
Pob· Peri·"
,n·
·s.o,.· o
Des·,,aled
:he
a·,: one terms, con· 'D·s·o-
Po·i·
me Schedu;e Df
-X
D·Ied Underivino
·alicy Number:
Poli·
Insurer: REPUBLIC ESTERN ·N'SD'RANC: COMPANv PD CyTerm, From L·m·, £.. 6,00·,000 Each C4/0:/2DOD To 04/0·I2001 Occurrence Ni, Aggregate (where ap·'icak,·,
RU0·
y, excess
o,
Underlying derlyinglnsuranc· 'm·:. Poiicy" means
All o'.her terms and confiit·ons of,'n.·
"Designated
,"he
or
renewal
.s·.ance
po·,cy remain unchanged.
C5 79 04 (£d. O5 98)
Page
of
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
·
Under·,in·
·'·
'·' an)o,
·ne amount or
;,·e·,
prima·
Page 4 of 68
·)
·UAL· COMPANy (·C)
1.
COMMERCIAL EXCESS L1ABILI POLICY DEC TIONS NAMED INSURED:
AME·COIU-HAUL, t·AL 2227 N. CENTRA·
·
PHOeNiX,
85004
IS:
2.
THE NAMED INSURt·D
POLICY PERIOD:
CORPOib·TION
at
3.
12;31 A,M.
FROM 04/0":/2000 Standard Time
4.
LIMITS OF
,C,,
LIABILITY:SEE FORM NO.
CE 79
O·-v-URr·NC·
OPERATIONS ACCREGATE
S,
PRODUCTS-COMPLETED
SEE FORM NO. IL
SCHEDULE OF FORMS AND ENDORSEMENTS
6.
TOTAL POLICY, PREMIUM:
Advance Premium:
$
M/
7,
Premium:
PRODUCER INFORMATION AON
3200
RISK SERVICES, INC. 0 :
?HOENIX, ARIZONA 85018-2320
mR·ZONA CAMELBACK RD., SUITE 2i0
COUNT£RsicNATURE:
DATE: 03/32/200·
98)
Page
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 5 of 68
·
FORMSAND
EN'DORSEMENTSAPPLICABLE TO POLICY: 78 i2 (ED. 05 98)
·
Thecompa.yprov·dingme
n·r·n·', ·,,o,
·e·
ny tins po·i· is indicated above.
POLICY NUMBER:
your
TO 04/0]/2002
mailin· address.
PRIOR POLICY NO. 9SR 220037-02
L[M!TS OF
]4 (ED.
05 98)
·ABI·TY
145,000 145,000
$
SCHEDULE OF FORMS AND ENDORSEMENTS
DEC·,P-,ATIONS COMMERCIAL ·X·£$5 LIABILITY POLI·)ACK·, PACES COMMERCIAL EXCESS LABIL· s ·s< ·V£·
COMM[RCAL EXCESS L ABILTv POLJC
ENDORSEMENTS CO·ERC:AL EXCESS FOLLOWING COM·ERCIAL EXCESS LIMi7· OF L·ABILI· CANCELATION AND NONRENEWAL AZ CHANGES
·
SCHEDULE OF U'NDERLYJNC,,N·U·N=: FOR, A· EXCESS SCHEDULE OF FORM5 AND
.-7
A cthe"
·ernns and r·:.... o..,
oa tins
pata·-· remain
IL78!2 (Ed. DB 9B)
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 6 of 68
COMfv1ERCIAL EXCE S FOLLOWING FORM
A.
This po!icy
sdrance
:he
·xa·, terms
and" CDnS[:IOnS
·-,.a, be
,e
=o,,,ua
=y po·y number RU00,
Rem:blic \·estern insurance
Comp·a·
:,-,_
(',*.&ere able,cab,e], ·"·3,0OO,O00 .,o·/C·, P snows m :,he Schefime of Unuenyin· Insurance;
2. 3.
$13,000,000
me;e·
Eac·
Occurrence,
$i3,000,00
OFera:;oq
Aggregate
The Premium of :h·s policy shale be $143,000 and
Any coverage modifica'Jon endorsement attached :o *.his policy.
·prln.·.
and
consabons
!ncons!stent with the terms and Company poli· numbers RUO0.
are
of form C[ 71 00 fed. 04 97) are c,
Nothing contained in this endorsementsha[] osr,·a.e us ·o srovide a ·uty to defend or investigate claim or suit before the U'naerlying Jnsurance Limits shown in the Schedule of bnder'ying are exnaustefl by payment of :ud·m=-·
All other terms and conditions of this policy
remain
THIS ENDORSEMENT MUST BE A· WRITTEN.
c·
7a
·7
ted. 05
Case 2:04-cv-00662-DGC
·
exlent
tha: they
Cure--insurance
·nsurance,
unchanged.
ACH:.., TO A
CHANGE ENDORSEMENT
WHE·,
'q" .-·,·.·'
A
:R THE POLI·
Printed in U.S..
Document 112-6
Filed 09/30/2005
Page 7 of 68
CO,M·'IERCIAL EXCESS- LIAdlTS
OF LIABILITy
4.
LIMITS OF LIABILITY
·ch ©ccur,'ence Cenera,r A,g·rega:e
P'r°ducs/C°m·;'e·ed Opere:ions
excess of
Ag,g,·re·a·e
$"6, O90,OOO
·" 3,000,093
which k excess D"
Other ·errns and
conditions or ·h
·,,c7 remain
·I:·
unchan£ed,
POLICY
CE 79
POLICy IS
ENDORSEMENT MUST
WRITTEN.
9B·
BE
ATTACHED
TO A
34 (Ed. 05
CHANG· ENODRSEME,NT WHEN ISSUED AFT:R THE
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 8 of 68
COMMERCIAL EXCESS CHANGE ENDORSEMEN'T
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CUSTOMER NUMBER: 9SR 120037-02
POLICY CHANGE ENDORSEMENT# 93:
EFFECTIVE DATE OF CHANCE: 0.4/31/2000 COMPANY: LUMBERMENS MUTUAL CASUALTY/COMPANY POLI·NUMBER: 9SR ·23037·02
Named Insured AMERCO/U-HAUL, ETAL
PdicyPer]o·: FROM:04/0d/200O TO: 04/0:/200q
CHANGES:
CE 7904 (ED. 05 98) SCHEDULE OF UNDERLYING INSURANCE IS AMENDED TO READ AS FOLLOWS: Designaled UnderJvln£
No.:
REPUBLIC WESTERN INSURANCE COMPANY RUMM $ B,000,000" Each Occurrence $12,000,000 Aggregate ProducB only iP excess of underlyMg ]imiLs/selfdr2sured retention of: $ 2,000,000 Each Occurrence $ ·,750,000 Ag·:-egate ProducLs sod onJy.
CE 7912 (ED. 05 9B) COMMERCIAL EXCESS FOLLOWING FORM IS AMENDED AS FOLLOWS: Item A & B. Company Policy No. RUOO < changed tc RUMM, CE 79q4 (ED, 0S 98) COMMERCIAL EXCESS FOLLOWS:
LIMITS OF LIABILITY IS AMENDED TO
READ AE
Each Occurrence
General Aggregate
Producr,·/Comp]eted Operations A·regate
Excess of
Each Occurrence Aggregate Producz· sold only Excess o,r prima,T.
3,000,000 3,000,000 $13,000,000
$ $
3,000,008 z,0,·,,00u
Policy Forms Added
or
Deleted
by this Change: NONE
TOTAL PREMIUM DUE:
TOTAL AMOUNT DUE:
$-0-
PRODUCER:
AON R',SKSERVICESINC
.3200 E CAMELBACK
OFAZ CO·
RD, STE 210
PRODUCER ,.DD:: 23-',439
PHOEN',X, AZ
85·i 82320
DATE: 05/30/2000
CE 79 92 {Ed. 10 99)
Page
Prin]ed
·n
U.S./
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 9 of 68
ARIZON'A CHANCES
CA,NCELLATIONAN'D NOXRE\EWAL
CAREFULLY.
THIS EX'DORSE,MENT CEA\,CES THE POLICY. PLEASE READ IT n<,·ndc·e ,· mou·f·e·,n·u.u,,CepruvJued under the
COMM[RCIAL FYC£SS LIABI/I· COV£·cE FOR·
A. The foh'ow
n, k
,· ,g:,L·add e,·
·,a ag. apn ·,. CAN'sentatlve
9.
Days Or More
·ncellalion Of PoHdes In Effe· For
60
-·n· you Or your repu which mater[a!iy increase tn na2ard insured a·ainst.
·,·
po· has
Po;/cT, we
onJy [or one
or
been
or more, or if this
DolL-·y is a renewal issued, w· may c,ncel
more of the
in eftact for 50
days
of a
tea-
fo!Iowin·
Nonpayment of premium;
Your ccnvi·ion of
of
a2ams£;
ff we canceJ this poiicy based on one c more of the above reasons, we will mail b certified ,ma·l to the first "Named insured and mail ·o the aP, eng ,,,e., o, ·nce,;at!on st·king the reasons fornotic can ca!to:ion. We wi!l mai th·s marling addresses known to us, at ·eas·a.
30
·.s increasin·
crime arising cut the n·ard insured
b.
a
days before the effe·ive date if
we
c
merit
of
prem urn,
,nonpa),
AcS or omissions
sentative
or
misrepresentation in the prOCurement.
,Is
by you or your repreconstituting fraud or material
in
days before ·e effe·ive canceiiation if we cancel for date c any of tn other reasons,
]'
60
poncy,
or in
polio;
presentin·
con:muin· a
this po cv claim under fbi's
The
M.
COnDiTIONS:
,o,·owm,·
are added to
SECTION
V
NONRENEWAL
If we eie· not to renew this policy, w will mail by certified mail to t·e ,fir., "Named insured," and mat! to th agent, if any, wri·en notice of nonre newal. We will mall this notice to th ',ast
c
Substamia!
have reasonabJy foreseen :he change or contempiated the risk in writin· the contract;
in the risk assumed, except to the extent that we should
chan·e
Substanbal breach
or
conditions;
of contractual
gu:ies
mailing addresses known to us least 50 days prior to the expiration
obce !s mai,ed, proof of be suffic[ent proof of notice.ma[',fng
reinsurers;
Loss of reinsurance applicable to the ri·k a·ainst resultin· from m,,.·uon o, trea,·, or facuJtative reinsu·ance initiated by our reinsurer or
i·sure.dr
w[
wouid
Determination by the Director o[ surance ·hat the contir'uation of Inpolicy would place us in violation the of the /nsurance laws of this state or
If either one of the following occur we are not required to provide wri.·e
We o·
a
ieo·ardize our sOivency;
or
insurance ·roup has offered sue a renewal polk?,; or
b.
company within the san-,
to
You have obtained repJacemer covera2e or agreed w,;; ,tmg to c· so.
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 10 of 68
N. RENEWA[
a.
he
present
If we elect to renew :his polly and the
lowing:
I)
days after ,',· ma]in· or deiive.·/ o
The e" ·'" date ,,e,_·we
",he, ,s·
63
ine no-
b.
Change
in
deducSb·e;
,nsurance;
·
2)
Name· Insured'
d.
Substantial redu·ion in coverage;
a·t or
not ·o renew
the
change(s)
at to
to
su ·d
,
the policy.
the !ast maii[ng address us, at least 60 days before ,·.n!ver·ary or expiration of
deliver wrizen notice of the first "Named In-
,·,·
fo',low·ng
1)
for the period of extens,on o[ the terminated po;icy, w[ii be caicuimed pro ra· at the ·ower D· the
rates:
if :he first "Named Insured" elec· any earneo premium
The rates .pp,·cable to the terminated po!icy; or The a t·'<
r'
If renewal is subjec to any condition described in i.a. through ·.d. ahoy% and we fai'· to provide notice 60
2)
·e,
,·,y in effect_
date of thk
before the anniversary
days
or expiration
cedures apply:
poFcy,,
the
,ollow'n·
pro-
If the first "Named Insured" a· the renewal, the premium 'increase, if any, and other Chan£es are effective the day
policys
anniversa·
or
expiration
THIS ENDORSEMENTMUST BE ATTACHED TOA CHANGE IS WRITTEN.
ENDORSEMENTWH·N!SSUED
AFTERT·r POLIC'
CE 77
0697)
Pa·e2
of 2
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 11 of 68
ARIZONA CHANt·E
THtSIs WRITTEN.ENDORSEMeNT
MUST BE
ATTACHED TO A CHA N, CE £NDC RS.EM ENT ','VH E N ISSUED AFTER TH·.· po LIC·,
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 12 of 68
NUCLEAR ENERCY LIABILITY EXCLU'SIONS (Broad Form)
A.
The
iqsurance
goes
[aOl
'proper· damage":
1· Coverage,
to
"bod[iy i·iu
DO][L·
·
·S
also an
P·sured unde.
a
nuoear
·ab·!,.y pOUL·,,ssued by Nuciear Energy msuranceAssac:atron, M· A:cm·c :ner· LJaDiJ;· bnderwdters or Nuclear insurance
·SSOCig[IOq
energy
Of
Canada,
or
sured under any such
would be an in-
po]·
bur
·or
[·
·e rmi-
b.
Resu][ing from :,he "ha2ardous properties' of "nuclear material" and wigh respe· to which a) any person or organ[zaL:on is requre·
·'·
dato· there o r, or
po![·
or
not been
issued would be, entities to
any agen· thereof, under any agreement
clear ·adli·" by any persor, or organization. bcder any Uabifi· Cover%e,
processmg Or packaging "waste";
fabr
Any equipment or device designed or used for separating the isotopes of uranium or plutonium, 2) processing or utilizing "spent fuel," or 3] handling.
,or
d',i·" owned by,
dispersed
sae·,a[ nucea ma ena" a: any hoe ·qe [o[al amount of such material custody :he "i·sured" at :he premises where such
caOn· o" alloying of
.he processing,
or
or operated
·y
or on
behalf
:R e'efrom:
Dr device is ·ocaLed coms[s· of or con tans more tRaR 25 gra·s Of plutonium or uraniurR 233 or any com·mation thereof, or more than 250 grams of uranium 235;
equipment
Ti·e "nuclear material" is contained in "saen: foe:' or 'waste" at any time possessed,
used, p-ocessed, stored, transported or disposed of by or or: ·ehalf of an "insured'; or
handled,
anc mc;u.qes the site on which
The "bodiJy Jniu,,-y" or "proper.,w ¢amage" arises out of the fumlshing by an "insured" of services, materiais, park or e,quipment·n connect:on
opera:ion or use of any "nuclear faci;i·," but such fac:i is ,oca:ed within the United States
located,
premises used
all ooe-afions conduc*·d on such site
any of
me foregoing
and
for
such
operations;
"Nut ear teat:or"
meBn5
any apparatus designed
a[]
or use:
"Preset b, damage" [ndu0es
Car'aca, :"Is e×c!usior' c. applies on]}, to pe:· gamage" tc such ""uc ear 5ac!]i·i
Case 2:04-cv-00662-DGC
·
·orms
of
radioact[v·
Document 112-6
Filed 09/30/2005
Page 13 of 68
A· O- Cv,_,JND ,,·N·.
Ame-ican
Man.:faCarers Mu ual i-sarance Compa--y
Ma!uais
Membershi
and Vol;·= N
Mutuals
Participation Clause VViihout Conlrngenl
L[abi[i,·,.
No
Cont'-·en: L abi[!b,:
This
pohcy
is non-assessable. The
po!icy
D V,D:N.·..
American Molor]sts
Insurance Comaanv
American Protection Insurance
Comaany
=....e, as·pportone· b 7,,=·
e·.ors.
hereinbefore menuoned.
Lumbermens Mulual Casual· Company Amer;can Motorists insurance Company American Manufacturers Mutual Insurance
American Prote·ion insurance
Company
Company
Presiden',
Secre;a'y
P-esiaent
cr
7q ,q?
frr{. e,4
c. 7)
jackel
Page
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 14 of 68
COMMERCIAl_ EXCESS
LIABILITY COVERAGE FORM
TABLE OF CO'TENT5
The Table of Con',ents is amity inlended hs
xces·
a
the Dec]aralions and the ·ommerc:a]Excess [iab
L,·my Cox,erase
guide to assist reference
n order of ·Coxe·a ·,F·-·
form
1o
the various insurance
Page
SECTION Ii DEFENSE AND SUPPLEMENTARY PAYMENTS SECTION I1!-- EXC'· USIONS SECTION' IV-- DEFINITIONS
SEG-7, ION V
CONDITIONS
Pr:nted in
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 15 of 68
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Throughout
,he
tn!s
"our" re'..- to me
sol;c),,
Lne woos
Company providing this
any person
'you" and "your"
insurance.
refe,, to :'·e
"Named ,-,:,.·,· ]he
as
w o .s We,
us, an
Policy."
wars "insured" means
or organ,nation
cual];v·n·,
such
in
the
Deslgnaled Underl),in
Or.her words and
foun· in
:qe D·, ,,,aons
0Rrases that are 0r`med
secuon or
,,'·pe 'in spedf[c poli· provisions are define· In the where me· appear.
in
So,d
co, ·de,a of the p·yment at t·e prem·u· Uonsan· ma·e a pa· of poli·, we
a·ree
I·.
LIMITS OF LiABILIty."
COVERAGE
part of
excess of the iimls of
We well pay or' behalf of Ehe "Insured" that "Loss covered by [n[s insurance [n
of the "Unas set fo·,s [n the
derlying, Insurance"
ilabiii·
Scqedule of Onderiylnz Insurance but only up to an amount not exceed[n£ our LimiS of L]abiJi· as set fo·h in he· <. of the
that we are obligated to pay fc "Loss" under this policy, reEardless of th number of:
a.
amount
Ou..-h. Jts of Liability set forth ti·e Declarations and ff·e rules es·,,bed ·'·'· ,soucT· ·h·u establish the max[tour
lnsureds
Claims made, suiLs
·eclaratbn%
takes pface
d·rin·
·rovided the "Insured Event" our Period."
b.
"PoH·
m·s instituted;
c.
brought
or
pro
excJusions (hereinafter called "urovisions"] of the "Designated Underlying Policy"; but in no event shall this polL'· be subject the provisions of the "Designaled Underlying Policy" with respea to the premium, the "Po]· Period", the renewal or extension agreement (if any), the amount or of ·abiii· or any other prov)sbq of the Des·gna,ed Underlying PoliO" ·hat ma·
Except when stated to apply otherwise, this policy is subject to all of the terms, condF t[ons, insuring asreements, definitior's, and
Coverages
or
provided under this polio,
or
d.
Persons
cJaims,
organizations
or
br[n·]in· suits ceefi[n·s.
makir
[ns[[tutir`g pr·
It [s expressly agreed that liability shall inch to us only with respect to such cov· ages as are set fo·th in the Schedu e of b seriy,,n· insurance and only after the ·1; outed" has become le·alJy obligated to p the ·m· of !iability of me bnderymg
The ·acu ·c·urrence Limit of Liabi:ity forth in !tem 4. of the Declarations is tl most we will pay for "Loss" out
she
Nob'vithsta ndir`g anvthin to :·e ?. canto:neff in tnispoucy, if the
cover "Loss" for any reason other than exhaustion of an aggregate limit of ·ab;l;· 5y payment of cla:ms, then we will not cover such "Loss."
not
UnderiyMg Policy" does
Case 2:04-cv-00662-DGC
·
·
Contrary
Des·,na
ed
any
damages arisir. 8 out of an v, reduce the amount of our applicabie p, gre·ate Limit of L·abii[· available for p· merit for damages ariJng out of any oth occurrence, If our applicable A·re· Umk of L·abl',i· has been reduced by p·
occurrence. Any
arisin·
amount said
occurrence
Document 112-6
Filed 09/30/2005
Page 16 of 68
sroDs
·own; or
have been
in· Ins·.'rance"
Subje< to subparagraph 3. of this paragraph B. L:M!7S OF LIABILI,--Y,, the Limit of Liabili:y ·e', fo·n i· Item 4. of the Declarations as the ?rodu·a Completed O·era-
der·),[n· Polig,.,,
·'owever,
v,,ne'·
b}, pa),ments of "Loss" tar "insure Events" which :a·e p;ace d:mn 8 cu "Poli· Period," b·en ·k·s pcJ·, w) contnue in force as Ua
exhaa<·
"Des·ated
t;ons
we
·]re·ate L·m·t
of
w:,
k·ard,
der the ·rodud5 compieted operations as defined )n th· "Designated Unto
po·i·, except for "Loss" covered under the pro·u· completed operations However:
tins
tions as tile Other Aggregate Limit of is the most we will pay for "Loss"
Subied subparagraph, 3. of this paragraph B. L;MiTS OF LIABILi·', the Limit of Liability set forth in Item 4. of the Declaraunder
"Lass" that is w·thin the uncer[·in· l·, of HaOll;· Of insurance which the "Insured" has asreed to funs
i1"
any
of the :s of liability of the )rag In arance" apply on-an ag,qre;·a
been
an or
Aggregate ml, of policy, w[li not apply toLiabi!i· "Loss" when t:·e "Designated Underlying PolicT" odes not apply an ,aggregate ]·mk cf·ab·i· "L ass, and al· other 'Underlying n·urance" does not apply
of this
The O:her
reduced or exhausted by Dayof"]nsured Events" which took place before our "Poli· Period," ·n· ?oli· applies as ff such paymen· had no' been made.
,,,e.,· ·,Imng out
:ave
a·egate J[mi[ of
liabili· to "Loss";
the
Other Aggregate Limit of of this pail will apply to "Loss" 7 in same manner as the
]-he
a·';·ies an ff· ,'·rn): o" [·ao;ii· to "Loss" in a·regate the same manner as the "Designated
Des·na,ed Undeuymg PoliO," pray;deS al· other "Underlying Insurance" a)so
',n
·:aam·
the
period of iess tha· twelve (q2) months. ',· that case, the addftiona· period de·me· part of the last pr·ced]· perio· tar
"Policy Period" set forth in Item 3. Declarations, unless our "Po![· Period" extended after issuance for an addkiona
Dec:arabians apply separateJy to eaci consecutive annual period and to any remaining period of less than ·Wve!ve months, starting with the beginning of ou·
The Limits of Liabflity set forth in Item 4. o the
purposes
of
determin·n8 our
L[mi· c
Underi·-
SECTION II PAYMENTS
DEFENSE AND SUPPL[MENTAR'
obligated to assume
Insured.
,·-
down to become im,mediateiy excess of the recuced under!y[n· iimi:s of :[ability, provided a!i
"Underl),ing
·roceed·n·s re:afire :o an· "Insured Evenb wmcn appear reasonably likely to create on our poe under the terms of :his Do[i·. W will not defend any suit after nave
or.
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
·
·
!f the iimi:a of ;iabf;fty of the "Underlying Insurance" have been reduced, by payr·e·:s of "Loss" for "insured Events" wnicr, take ·!ace during our "Policy, Period," the· :his poiio/ w:![ drop
"·
=a"
B. LIMITS Or
LIABILITY:
We
wii] not be
ne,,· or defense of an calms made, sui:s brought or DroceedinRs
charge
we
'.·.·d a·ai..s·
nave me r!ght and sha'.i be given the obportL n· "Insured" or the ur der·ng insurers, or both, m me mves:.igabor se·emen:, ¢efense and thai of an· do;ms, sui'
However,
w·
Page 17 of 68
·
·a· for
"Loss" under
L·abi'!i· is t·e mos· tn)s
po[·
un-
·s'.ara·raD· B, LIMITS O AB!L;· apply, we wi]· nat ·ay portion of
sub;·aragrapr:s
'Z.a
u,
tha',
·
e
lion wh[ci: is or was at
o- occuo[ed
:he
by,
any t;me Owne
,·'· o·,
or "·n
Any "Underi},inl] Insurance" reduce
"]nsu red';
w· duce our 2m·s of L·abiH·; or·s·
paymens mace ·nde· th·s
2.
i}'in· Insurance," :hen any
such expense
wi'r] not reduce our Lim;· of
None of the "Underlyln· Insurance" reduce the ]imi· of iiab[ii· prov[dec ov such "Underl),in· Insurance," ff·en any such expense payments ma·e under ·h·s
·:
A: or from any premises, s::e or Joc· :ion which [s or was at an\, '.me use· oy or :'or the "Insured" or nandlin b, Storage, di:·-osaj, processm, or treatment of waste;
\Alb[c;· are or were at
We
w)l·
on}y pay the
foHow·n· expenses:
ported, bandied, stored, treated, dis posed of, or processed as waste for the "Insured" or any person by or or·anlzat]on for whom the "insured" max, be ie·.al[y respons[Sie; or
any
[[me
If :he "Insured" becomes ieBaJJy liable far interest that accrues on a judgment after entry of t,he judgment and before we have paid, offered to pay, or deposited [n court the part of toe iud·ment that [s within our applicabie Limits of L[ab[li.'·, then we wil] the Interest on the pa· o ·ne Judgment to which this poli· appiies.
,·,re,·dy
1)
o. are
rndirec:ly on the "lnsured's' pe orm,,,g operations:
Ex,pe·.ses recurred
d[re·ly by
us and at our
a·ainst "Insured" on that part of the iudBmen we pay. however, if we make an offer Lo pay our app',icabJe Limi.Ls of Liability prior to iudl]ment, we will not pay any pre)udBmen
interest
PreiudBment interest
Ii" the pollutants are brought on o: the premises, site or location ir connexion wi· such operation: by the "Insured" or by such con tractor or subcontractor; OT
to
awarded
the
2)
If the operations are to te· for
rain, treat, aetoxify
or in
or
that accrues after our offer.
any way respond to, t·he effec· of pollutants,
neutralize
or asses
S·CT,, ,,·N
EXCLUSIONS
does
not
A. ASBESTOS
To any iniu·, damage or expense
·lat]n· in any way to asbestos or an,v
or
material.
POLLUTION
To any in·u T or damaBe adsin· out of toe actual, a!tered or ·h e=,e,,ed ·scnarRe, dispersal,
o, pond:ants:
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 18 of 68
·
cape
of toe operations
·o the premises, to be d· charged, d·spersed or released as sa
Dn
are.brought
or
bein· Deformed'
·
disposa! of any such product or
·
It is exp,'essiy aBreed ,na· ·h·s ffoJ
aD·!v
·,r
pa· des·ned to hold, store or rece·v them. The exception conta]nefl ·n sdbparaBraph 1,e, of t·is paragraph E O·U I·N does not apply if C·e fc
form the norton', eJectrfcal, hydrauli'c c mechanical functions for ·pe,·on mobile ecuipmen: or par·, 11 such iue]s, [ubncan· or ,,p· fluids escape from a veh;ci
1.d, lj of this paragrap! ,,·,N does not to in jury or carnage arising out of the e· of fuels, luorican·s or other oper fluids which are needed to per
Subparasraph
B.
O
a/ply
ca.pe atmB
necessa·
·,,·
buD·,araBrapns
].a.
and :.c.
4.
p·y ·o
tile
mju· or
aama@e ansm·
"Loss' means ·qose sums acx.aiiy :he 5e.·er'Yent or sa:[sfa·Rion of a which the "insured' is ;egaJiy 3b
·a), as
·re"
where
means one D,.·D e or breaks cut i: was in·endea :o be.
,·
·rom
a·e after making proper ·or recoveries and sa!va·e. "Loss :noudes ·ense and s.;ppJemen:a· expense
meq·
if
such
paymen·
are
RecuesL
demand or order
:hat
sured" or others test for, mo=:.tor, clean up, remove, con:gin, treat, detcx[fy, neutralize, or in any way respond to, or assess :he effec,5 of pollutants; or
C[aim or suit
:he "In-
any respective "Un. derly[n· Insurance," by the te·ms of poliO. "Loss" may be established by d[cat[or:, orb]italian to which the "Insured'
we
the ][m[·
of
·ncJuce·
i;a5·]i·
of
h·ve previously
a·reed
in
by
or on
beha!f of
a
emmenta!
ing
Cause of ;-est!n· for, monitoring,
fect5 of poiiutants.
author[·
govbe-
"Policy
;n
Period" meats ti7e
for
damages
clean-
l'.em 3. of the Dec[arauon% the cance[iation condition of this
pe',o· set ·orth subje· to
po[L.cy.
detoxi;ying or neutralizing or in any way responding to, or assess ng the ef"Pol',utants" means any so;id, ',isuid, Easenun or thermal irritant or cdntarq;nan· eluding smoke, vapor, soot., fumes, acids, a]ka',is, chemicals and waste. 'M!aste" ciudes materials to be re·ded, reco·db 5oned or reclaimed.
up, removing, containing, treating,
"Onderi),[ng Insurance" means the "Des[gUnderl)'·ng Polic}/* and any other po:i· or policies set fo·h Z the ScheCule of Underlying Insurance ([nc[ud]ng any re
haled newal or rep;acement
:hereo0.
SECTION V-- CONDITIONS
A,
ASSIGNMENT
Assi,,nnment of an y
·,,a,
;nterest under
DEFINITIONS A. When used ;n th;s poii% including endorsemerits forming a part hereof:
"Designaled Underlying Policy" means the insurance poJi· or policies ind;cated in :.i7e Schedule of Underlying !nsuranee (incusins any renewal or replacement thereoO.
SbCTION IV--
no. ·,,d us unless and until our con sent is endorsed on th}s po',icy.
B.
AUDIT
We may audit the "Insured%" books ant reco'ds at anytime during our "Policy Period" or wZnin three years after the expira.
2.'
"Insured Events" means accden·, occur-
DO{iCy. C. BANKRUPTCY OR INSOLVENCY
Your
:[on or termination of :his
rences,
or
offenses, whichever
the
:o coverage under
derlyin Policy."
3.
is aDDi[ca.3,e "Designated bn-
bankruptcy, ;nsalvency
not
or inability t(
"Named Insured me·ns:
Item 2. of the Declarations [ti·e first amec insured";; and
relieve us from the any c:aim resulting from [niury covered by this policy.
Tile
pay wl]
paymer·: o
or
camagl
bankruptcy,
b.
Any person
nated
or crn.an[zaticn qua:ifying as a Nomad Insured in :he Desig-
evem of any such
pay any of [he underiy:n 8 insurers will no tel;eve us from the payment of any claiq resu]:in· from in]u,w, or damage covered b' this po itw,,. It ·s expressly agreed that ·n :h;
insoiven·
or
inabiii·
Under[yfng Policy."
[naS·[·L·Lo
rup:·,
pa},, we w[JJ
bankrup:·, ]nsc;ven· o
be '.;aS·e under :L[
Un
poJ]· only to :he same extent we woul( have Peen liable had :here bee: no bank
tier 2odrcums:a·ces willsuc·
;nso·ven· or [nabi][· :c pay.
sankrup:·
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 19 of 68
·
carnages because
of 9, se·c:[cns
;n·u
no:eL:
a
w[:mr
po·cy
·
:(
w·en thereafter ·' c·cellat·on effe£·
cancel,aLton w,1 take effect. !f we cancel for any reason other than nonpayment cf premh·m, we must mail or deliver ·o you'not less than :hi· (30) days advance wr[·en notice
is to Ske
VVe may Cancel this poli·. If we cancel nonpaymen· of premium, we must ma", for or celiver to you a· you, address set forth in hem !. of the Dec;ara',ions not less than ten (i0) days advance Wd·en notice stating when tnerealter the
erat·ons at
not the
·Pe·,ons. safety b·-,
·,'
an·
time. Our
rs
and
:nsurab['.ky
:ms
·'·s
pc·.
of the Premises apd the premium tc be
hey relate
only opera
We may
·ve :hechar·ed re "Insured"
statin·
Pon· ann hour
,-'·,.
Period" will end on the day stated in the cance';ation notice.
·ne du· c person or organization to orovide the heaJ:h or safe· of workers the pub J;c. We do not warrant tha: the p·emises c cp·.=a·ns are safe or healufful, or that the comply w[:h
an·
·s· recommend chanees. ·n·;e cmmenda:[cns ma· help reduce "·ese rec do not undertake to pe·orm losses,
·r
If we cancel this wn be eaJcuiated policy, earned premium prc rata based t!me that m!s policy was iF effect. upon the
If you cancel this policy,, earned premium will be computed in accordance 'with Lhe short rate table and procedure.
;aws,
r·o,.
C.
IN:SURED'S DUTIES
reSUlt in a claim un der tt]m poncy shah be given to behalf :he "Insured" as Soon us by or o as practica 5r· Such notice sha!l :· suffic eat to idenLifv the
cuzoma·
6.
Wri,·en notice of or cffense which
may
an· accident,
oCCurreno
o·"
any refund due
7.
representative:s check, mailed or ])vered to you, shall be
to
Premium adiustment may be made eiiher a! the time 'of cancellation or as Soon as pray.[cable thereafter, 5u· the cancelJabon w!il 5e effective even if we have not mane or offered any refund due you. Our check or our
fulles: avai'.ab;e
if a claim i<
and infro'rmation at the time.
"Insured"
:h
sufficient tender of you under this policy.
made, a su[: is is instituted a.·a[nst :·he "if sured"for %,-0' or dama,·e wire respect whch is afford· under thk po
,,·,,
proceeding
the
·nsurance
]·,
Insured
The firs: "Named Insured" in kern, 2. Declarations s·alJ act on behalf of a]) of :he c:her .Named ]nsureds" w·th respec· to the ·n· and of notice of ·' and the receipt of any refund tha"
Ward
[o us
summons,
or o·ner D'oce
·ff·e· o eve·.emand,
shaJ· mme·,·te·y
·o
nobc·
receM·
The "]'·sured snail cooperate
;em·",· in" conduct ,he of :he enforcement of any
upon our request,
assist, us in
Any of
these provisbns that conflict
making se any su',t, and
of
to
;*k
poncy
I·
change d by m!s
·an;zaaon wkc may be liable ·,e·
because
o[
:[cn cr.indemn· a·abs· any perscn
Mlu· or
right
der this
pc:;·;
.·
or o
:ne
and
me
Insured'
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 20 of 68
:iab:d.T
dance of wkReases. The "insured" s·,al no:., extent at sured·s" own expense, v y
·a·'·e
;be
'·"
b)'
tins
'·°:·
so;el)
m
"in-
any obli·atlon,
or
cu·
any expense.
The "'nsured' shai! comply w,i'". 2h me ·erms and conditions of Ln· "bnderi},ing ·nS S. lal coope:a:e with the
unserlym·
6.
msJrers.
·-
ac,·.
Insurance'
,De'insured'
The "Under]y[n· insurance" may no: be canoe'.ted or not renewed b),
tne"lnsured" or an under]yin· without prsm,st!y not[;y[n·£ us; b.
Usurer
of the
be
Any renewal
or
repJacement
The "Insured" sha)[ not make any admission of [[ao[]i· without our w,--=·,.,·,, consent.
"Under}),;ng Insurance" will not more res:r]·ive in coverage; and
of the
LEGAL ACTION AGAINST US
s·a,
Terms, conditions and endorsemen·
us
lie
a·ainst
un;ess,
"Under!).,in·
insurance" w[[[ not
as a
ma·e·:.ai!y
our
condition
a.
precedent
[hereto:
',iabi[i·
chan·e
unoer
to increase or extend
There shall have been full comsi[ance '·: With ail the terms and ·_·n· ·,.·.:·" of tins'
po:icy;
The "Insured" shall have pain or have become legally liable to pay the amount of me limits o, iiab[]i· of the
and/or underiyin 8 insurer comply with the requirements sel forth in su3paragraphs i. and 2. of thi· paragraph ]. MAIN·-ENANCE OF UNDERLYING INSURANCE, we w[]i on}y oe l]abb
fa[]s :o
tc
]f the "Insured"
same extent
me "insured" under ·his poii· ·o th· that we would have been ha:
"Underl,vin·
c.
insurance"; and
5here been full
compliance.
The "lnsured's" ]e·a] obligation for damages shall have been finally determ{ned.
].
OTHER INS U RA·
VVkhin twelve (1 2) months alter the conditions in subparagraph 1. of tins paragraph H. LEGAL A·T, iON AGA'.NST US have been satisfied, the "insured"
specdvmy demanded and
·n,or,
of this
.·
The insurance afforded by this poii· sha] be excess over any other insurance col lectibie by the "Insured," irrespe·Jve o whether such other insurance is s·ated be pr]maT, contributing, excess, contin gem, sr othe,·*,'ise. This condiJon shall nc ap·!y tc insurance purchased specifically t· appiy ekher in excess of our Limits of Li abi:· onset this policy or as contribu:in insurance to the layer of insurance prc
PREMIUM
i.
be,
wrov·
\amec i.,.ured,
wi:h t·e terms an·
MAINTENANCE OF UNDtRu,)NC INSURANCE
a.
is
responsb,e fcr the payment of
Una·r,y...·
Insurance"
·
·
s.=,·
L,,L
be
the
maintained Period." The full Hm;ts of
tqan
,,·b :::"
"Polio7
:7 of
b. W'Z be :he payee for a:·y return nn m[ums under t.nis Doily.
,,esrem·um
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 21 of 68
·
dnce ou·.o,,
·he amouE· set [o·h [,z the Scnedu;e ·y·8 'msurance exce·: tot any
for this pohcyis as set forth
orexnaus·onofa·re·aLe ·m]·
tne.·ec:araJcns.
computedon the
u'mer "basis of prem!um.' if :he "basis of premium is·o·qer ff",an "fiat c·a:ge,' [he 'advance premium" ·n·y an
sis show·"
L,
TRANSFER OF RIGHTS OF RECOV[RY
the Imure.·
t·as ,,6,:$
:o rerovo
estimated p·em[am, in this case, the earned p·em[um will be de:erm[·eff at t·e en· of our "Poi[· Period." If the earned ·rem[um more than the 'advance pre· the first "Named Insured" will pay mi·m,' the exces· to ·s. If the eamefl premium ·s less, we w[[] return to the first "Named Insured" the u·eamed po:'Jon, su·je·, to:
a.
The
an,ua,
eao" ·Wvelve ,·2j
minimum prem,um': for months
Perlod"; and
An), po;icy minimum
shown. The "po/i· m·nlmum premium' is the minimum amount of 9remium earned under this po'·icy in
the event you canoe', this
.9.rem[um,
polio.
Case 2:04-cv-00662-DGC
Document 112-6
·
·
sured'
w[i!
br]r:· suit
or transfer
"·.,,o·
ly amount
recovered will
[" the inverse order of payment o! loss to the extent of a·uaJ paymenL The expenses
of all such
recove· proceedings
portioned in the ratio of respe·Jve recov
eries.
if
!n Wimess Whereof, we have caused this pc.'i{· to be executed and ai.ested, but this po]i· sha)] not be valid unless coumersigned by one of our duly authorized representatives, where required by
Filed 09/30/2005
Page 22 of 68
EXHIBIT 10
Case 2:04-cv-00662-DGC Document 112-6 Filed 09/30/2005 Page 23 of 68
IN THE UNITED STATES DISTRfCT COURT FOR Tile DISTRICT OF ARIZONA U-f!aul international, Inc. U-Hau! Company of Pennsy van·a, U-Hau! Company Of Florida; and Republic Western Ir·.surance Company, Piaint. fs,
VS.
C7V-04-0662-PHX-DGC
Lumbermens Mutua·
Casua!ty Company,
De f endants
De fendant/Count:o.·-P1 a nt:i f
INSURANCE CO. U-!IAUI. U-HAUl, COMPANY OF INTERNATIONAL, INC.; PENNSYI,VANIA; U-HAUi, COMPANY OF FI,OR[DA; AMERCO; A.·ERCO REAI, ESTATE CO. D/B/A NOV! MANUFACTURING CO. AND WARR.E<·IOX MANUFACTURING CO.; AMERCO REAl, ESTATE SERVICF.S, INC.; AMERCO REA!, ESTATF, COMPANY OF TEXAS, [NC.; U HAUI, BUS[NKSS CONSUI,TANTS, INC.; U-HAU: COMPANY OF ARIZONA; U-HAUI. COMPANY Oi< CAI,IFORN!A D/B/A PARAMOUNT MANUFACTURING CO. U-I!AUI, CO. OF INDIANA, INC. D/B/A CtliCAGO ASSEMBI,Y DIVISION; U-itAUf, CO. OF) MASSACttUSI,]TTS, INC. I)/B/A BOSTON TRAI MANUt,'ACTURING COMPANY, INC. U tiAUI, CO. OF MICII·GAN; AND U-HAUl, CO. OF TF, XAS D/B/A DFW MFG. CO., iNC.
REPUBI, IC WESTERN
Counter-Do f endanLs.
Dt
·anua·y 12,
2005 Phoon ·,x, Arizona 9:04 a.m.
Prepared by:
RABIN" CASTRO, RPR,
CCP,
CERT· t!'It']D COURT P,t
Prepared for: MR. WAYNE T. C-]I,I, (COPY)
court reporters
3030 North Central Avenue Suite 1102 Phoeilix, Arizona 85012
T 602.264.2230
888.{)29 9990
F 602,264 2245
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 24 of 68
www.[·riffJn reporters.corn
DEPOSITION OF MICHAEL MIZRACHI
]
01-12-05
(I'Jxh]bits 81 through ]02 marked for identification.)
2
3
MIC.{AEiJ
JACOB MIZRACIII,
4
having been called as a witness herein, having been first
duly sworn, was examined and testified as follows:
6
7
EXAM ] NAT Ii ON
8 9
]0
]I
BY MR. GILL:
Q.
Good morning,
sir.
A.
Q.
A.
Morning.
Would you give us your Yeah.
fuji
12
]3
name, please?
Michael Jacob Mizrach[.
14
]5
Q.
I!ow do you spell
that?
A.
M-I-C-II-A-E-I,, Jacob is J-A-C-O-B, Mizrachi is
16
]7
M- I-Z-R-A-C-H-]
Q.
Thank you.
I'm Wayne Gill.
I represent the
18
19
defendant I,umbermens Mutual Casualty Company in the lawsuit
filed by Republic Western and various U-Haul companies.
if at any time today you don't understand one of
20
21 22
23
my questions, or if you don't think you heard all of it, you could just let me know; you.
And likewise,
if
I'll be happy to reword it for
24
any time that you fee] you need to
25
take a break,
]et me
know, and we'll try to accommodate you.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 25 of 68
DEPOSITION OF MICHAEL MIZRACHI
i
-12-05
It's also necessary that you answer every question
with a word instead
2
3
A.
Q.
i'm sorry?
With
4 5
6
7
it's also necessary that you answer questions with
words instead of with a nod or shake of the head.
A] [
right.
Where are you employed presently?
io
At Acordia.
And what is the nature of Acordia's business?
8
9 10
Commercial
insurance brokerage.
And what is your office address where you work?
4742 North 24th Street,
12
!3
flow
Phoenix, 85016.
long have you worked for Acordia?
] 8 months.
14
15 16
And where did you work before then?
Aon Risk Servi ces. Aon Risk Services?
17
]8
Correct.
At what office?
A.
19 2o
21 22
23
Phoenix, on Central
1700 North Central.
2828 I think it: was
1700
Q.
Aon?
Okay.
How long,
approximately, did you work for
A.
Q.
Ten years.
24
Ten years. Was your departure voluntary?
GRIFFIN & ASSOCIATES
25
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 26 of 68
I0
1 2
3
4
Insurance Company for the policy period from 4/1/99 to
4/1/00 and 4/]./00 to 4/1/Ol.
You were employed by Aon at that time?
ho
Correct.
And at this office in Phoenix?
6
Correct.
7
8 9
i0
i]
During those years and during the year before April i,
A.
'99, what was your job at Aon?
Account executive.
Or relationship manager as
it's now called at Aon.
Q.
Okay.
As the account executive, who was your
12
immediate person to report to above you?
A.
Q.
At the time?
13
14
]5
Yes·
A.
Greg McLelland.
I believe it was Greg McLel]and
16
for both of those years.
17
18
]9
Q.
Okay.
During those years did you have anyone
working for you?
A.
Not a direct report, but we
I had people
2o
supporting me in administrative capacities.
Q.
21 22
23
Okay.
During the time that
well, how many
years at Aon were you an account executive?
Ten.
24
25
The whole time that you were there?
Correct.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 27 of 68
Ii
DEPOSITION OF MICHAEL MIZRACH]
i
01-12-05
Qo
And how did Aon
or what was
the job description
2
3
of account executive?
A.
I don't recall seeing a specific written job
4 5
descripti on.
Q.
()kay.
What were your assigned respons:ibi]itfes?
6
7
8 9
A.
Q.
To manage the service needs ef the customer. Were those customers called accounts ?
Correct.
A.
Q.
Okay.
Was U-Haul
U-Haul
[nterna t
onal
and
l0
ii
other U-Haul Companies one of the accounts?
A.
Q.
Correct.
Did you have other accounts,
12
13
too?
A.
Q.
accounts?
Yes.
14
15 16
Was Republic Western Insurance Company one
o·
your
A.
Insofar it was part of the overall U-Haul account,
17
]8
yes.
Okay.
I believe the full name is Republic Western
]9
Insurance Company.
Can we just call it Republric Western for" short?
2o
21
22
A°
Sure.
Know what we're talking about?
Yeah.
23
24
25
Okay.
I may call it Rep. West. or
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 28 of 68
12
DEPOSITION OF MICHAEL MIZRACHI
1 2
0]-12-05
Q.
sure.
RWIC or various other things,
but
A.
Q.
A.
3
4 5
6
7
Which one are you used to saying; Rep. West.?
All
of them.
Q.
U-IIau].
Okay.
You said that Rep. West. was part of
What did you mean by that?
A.
Q.
8
9
It's
a sister
company of U-IIaul.
And where did you get: that inlormation?
MR.
i]
FRAGNER:
Objection to the form.
you can still answer the question.
If I object,
12
]3
It's
an objection for the record.
THE WITNESS:
annual
General
knowledge, reading
]0
K's,
14
15
reports,
et cetera.
BY MR. GILL:
Q.
16
17
18 19
Okay.
Secure
10-K's are what type of report?
SEC document.
Did Aon have a contract,
A.
Q.
Okay.
during the time
you were the account: manager for U-Ilaul, with U-Haul?
A.
Q.
I don't recall a written contract.
2o
2]
What do you reca]il?
22
A.
Q.
An engagement.
What do you mean by
23
"engagement"?
24
25
A.
An understanding that: brokers service would be
provided in exchange for compensation.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 29 of 68
29
DEPOSITION OF MICHAEL MIZRACHI
1 2
3
01-12-05
d:iscussion with the contact at Republic Western,
and then
preliminary discussions with insurance companies, and then
the assimilation of underwriting data arld the submission of that data to insurance companies.
Q.
4
b
Okay.
Now, when you talk about communications
did
6
7
with insurance companies for procurement of renewals,
that
include the renewals of those policies,
those Republic Western pc)] icies?
Exh·.b·ts
8 9
through 16,
A.
No.
We did not place Republic Western policies.
I0
1]
Republic Western placed them directly on behalf of their
customer.
Q.
The customer meaning Amerco and U-IIaul? That would be
12
13
A.
appear to be the case based upon
14
15
]6
who the named insured
Q.
is.
Do you know ff Republic Western charged Amerco and
U-Ilaul premiums for the policies that Republic Western
1I
18
]9
issued?
A.
Q.
i believe that they did.
Okay.
Did those premium moneys go through Aon at,
2O
all?
A.
Q.
I do not believe that they dffd.
21
22
Okay.
Do you know if Amerco and/or U-Haul ever
23
actually paid money to Republic Western insurance Company
for premiums for pol icies that Repub]iic Western Insurance
24
25
Company issued to it?
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 30 of 68
3l
DEPOSITION OF MICHAEL MIZRACHI
MS.
0]-12-05
SHOFFNER:
But he didn't say the time period You referenced a specific time
and he didn't testify as to
2
3
that you were discuss]ng.
period for a certain
that tim(; period.
for
4
5
6
7
MR.
BY MR.
Q.
GILl,
GILL:
Okay.
I'll rephrase the question.
Okay.
8
For a renewal coming up, what levels of cove.rage
did you seek to procure from insurance companies?
9 I0
]i
MS.
SHOFFNER
Objection.
He never testified that
he sought to procure coverage If! you can answer,
strike that.
]2
go ahead.
13
BY MR. GILL:
Q.
14
You said communications with
Okay.
15 16
17
]8
for" procurement of renewals.
That would be at what
layers or levels of
coverage?
A.
It varied from year to year.
Would that be
19
2O
Q.
I mean, would all those coverages
be above Republic Western Insurance Company's coverage?
21 22
23
MS.
SHOFFNER:
Objection:
Lack of form.
If you can answer the question,
go ahead.
THE WITNESS:
It would be above Republic Western,
24
and also as a reinsurance of Republic Western in certain
25
cases.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 31 of 68
32
DEPOSITION OF MICHAEL MIZRACHI
1 2
3
01-12-05
BY MR. GILL:
Q.
All
right.
]n
seeking procurement of such higher
what type of information
level coverages and/or reinsurance,
4
5
6
would you forward to those insurance companies?
A.
Q.
Exposure information.
Okay.
Yes.
Would that: include financial history,
Previous loss records,
things ]ike that?
7
8
A.
Q.
9 10
profitability of the companies?
A.
Probably.
Would that include SEC fi] ings,
Q.
]2
thff ngs like that?
A.
Q.
It may include a ]0-K.
13
]4
Okay.
What is a ]0-K? that a public company
A.
It's a document that the
art
Ib
is required to file on
Q.
annual
basis.
16
Okay.
I'm going to be reviewing with you some
17
18
]9
documents that were marked as exhibius yesterday.
MS.
SHOFFNER:
Some, but not all; right?
MR. GILL:
Yes.
2O
2]
BY MR. GILL:
Q.
All right.
For the
do you fecal]
for the
22
23
pol]cy period
strike that.
I have here Exhibit 8.
Do you recognize that?
MS.
24
25
SHOFFNER:
Now, you want us to work out of
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 32 of 68
36
DEPOSITION OF MICHAEL MIZRACHI
01-]2-05
pages.
2
On the first; page,
see the date
upper right-hand corner, do you
3
4 5
6
2/2/987
A.
Yes. Do you recognize this specific document? No.
Q.
A.
Q.
"!
8 9
i0
Okay.
in
February '98, was that a type of
form
that Aon was using?
A.
Quite possibly.
Q.
Okay.
Look at Exhibit ]9,
consfsting off two
ii
pages.
First page of it :in the upper right-hand corner,
do you see the date @2/10/98?
A.
12
]3
14
15
]6
Yes. Do you recognize this form? Not
i don't reca]I
Q.
A.
Q.
A.
this specifically.
1"I
]8
Okay.
Was this a type of form that Aon was using?
Quite possibly.
19 20
2]
Q.
Okay.
All
right.
On Exhibit ]9,
first_
page, you
see the different sections of the page?
A.
Q.
Yes.
22
23
Okay.
In the one,
two, three,
four
in the
fourth
in the fourth section down,
you see the section
24
under the left that's entitled "Underlying Insurance"?
A. Yes.
25
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 33 of 68
3"7
DEPOSITION OF MICHAEL MIZIb%CHI
And what is
0]-12-05
the first type of policy listed there?
2
Automobffle liability.
And the carrier is stated to be REPUB.
3
4 5
6
7
Is that Republic Western?
Presumably, yes.
Okay.
The next: secEion where ·t says,
quote,
Underlying
Genera]
Lffabiiity information.
8 9
i0
i]
]2
You see that? A.
Q.
Yes.
And you see the third line there where it says
enumerated three?
A.
Q.
A.
Yes.
You see where ]t says "Aro def(;nse costs, Yes.
And to the right there's an X in front of the word
13
]4
]5
co on" ?
Q.
16
"unlimlited"?
A.
Q.
I see that.
17
18 19
2O
What, if anything, does that mean to you, the
checkmark in front of the word "unlimited"?
A.
That there is no lim·tatfon to the amount ol
defense costs.
22
Q.
You mean defense outside ]fruits?
MS.
23
SHOFFNER:
Objection as to form.
Assumes
24
25
testimony.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 34 of 68
39
DEPOSITION OF MICHAEL MIZRACHI
i
01-12-05
What was the di fference?
She supported other account executives,
as we]].
2
3
4
Okay.
Looking still at Exhibit: 19.
Was this submitted to carriers for whom you were
looking to procure insurance company
6
7
8
!'m sorry
to
procure insurance coverage for?
MR. MR.
FRAGNER:
You mean this particular form?
GILL:
Yeah.
9 10
11
]2
THE WITNESS:
document ?
Do you mean this particular
BY MR. GILL:
Q.
A.
Yes
Presumably.
Yes.
13
14
i5
Q.
A.
Presumably.
Yes.
Q.
]7
()kay.
And why do you say that?
18 19 2o
2]
Because it appears to be a marketing document.
Okay.
Next question.
Why does it appear to be a marketing document?
Because an Acord umbrella application is a
22
23
marketing document.
Q.
Okay.
What information does this Exhibit 19
24
25
contain that you as the account executive would view as
making it a marketing document?
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 35 of 68
4O
DEPOSITION OF MICIIAEL MIZRACHI
]
0]-12-05
MS.
StlOFFNER:
Objection.
The document speaks for
2
3
itself.
TIIE WITNESS: BY MR. GILL:
Q.
The document speaks for itself.
4 5
6
Okay.
For marketing ptlrposes, why would a
prospective carrier want to know whether defense costs are
un] imi ted?
7
8 9
i0
Q.
Because it impacts their participation.
()kay.
Could you explain that,
"impacts their
patti cipat ion" ?
A.
If defense costs are included in the
excuse
12
]3
me
if defense costs are in addliti()n to the underlying
(;an
limit:, then effeet·ve!y more dollars
ilow
potentially
i4
flow into the underlying policy before it: reaches the excess
]arti
15 16
17
c· pant.
Q.
()kay.
Ill the defense costs aren't limited,
th(;n
the umbrella carrier has a fixed atta(;hment point;
correct?
18 19 20
A.
Q.
I didn't say that.
Okay.
When you say that whether the defense costs
are unlimited affects a carrier's
participation, you're
21 22
23
talking about,
A.
Q.
like, umbrella carrier; right?
caret.
Excess liability Excess liability?
Okay.
24
25
When you say "affects their participation," do you
mean the level
at which the policy would attach?
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 36 of 68
4]
DEPOSITION OF MICHAEL MIZRACH[
1 2
01-]2-05
A.
Potentially.
Okay.
Do excess
in your experience in dealing
Q.
3
4
with the procurement of policies,
going out, marketing to
procure excess ]iabi]£ty policies, do carriers want te know
at what level the policy will attach?
A.
5
6
7
Yes.
Q.
Why?
Because it impacts their level of attachment:.
8 9
I0
I]
A.
Q.
Okay.
l,ooking at Exhibit 20.
Do you know if you've ever seen that before? A.
Q.
iI
don't recall specifically seeing it.
For the record,
to
12
13
Okay.
that's a
letter dated
February 26,
1998,
says to Aon Risk Services,
from E]via Aespuro;
Inc.,
14
ib
attenLion Mae Sandova],
A.
correct?
Yes.
16
]7
MR. GILL:
for the record,
Okay.
Looking at Exhibit 21, which,
is dated March 30,
1998, to Aon Risk
18 19
2O
Services from Elvia Aespuro on Kemper letterhead.
BY MR. GILL:
Q.
Do you have any memory of seeing that before?
2l
A.
Q.
Not specifically.
22
Looking at Exhibit 22, which is a letter on Kemper
23
letterhead dated April
I, !998, from
El.via Aespuro. attention
It says
24
25
from E]via Aespuro to Aon Risk Services,
Mac Sandova].
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 37 of 68
48
DEPOSITION OF MICHAEL MIZRACHI
]
0]-12-05
there?
A.
2
3
That I'm a contact and the
and
a contact for
questions or information associated with this and associated
with the production of this document.
4
Okay.
6
it says
Exhibit 28 was
.
what_
]eve]
of coverage?
"Commercial
Insurance Application."
7
A.
Q.
It doesn't state.
8
9
]0
Exhibit 29 it says "Acord Umbrella Section"?
Mm-hmm.
A.
Q.
Is that the type of application that: would be
strike that.
£orwarded to a carrier that
]2 ]3
Would that have been forwarded to Lumbermens?
A.
Probably.
14
]5
Q.
()kay.
Why do you say "probably"?
Because it pertains to excess liability, which is
what they're writing,
or quoting.
16
17
18
]9
Q.
umbre]la
Okay.
Was it your procedure to review these
applications before Aon sent them to the umbrella
carriers
20
A.
Q.
Often.
21
Not always? Not always.
22
23
24
25
A.
Q.
you will
Okay.
Looking at the first page of Exhibit 29,
if
sir, the fourth section down, where it's captioned
"Ur·der].y· ng Insurance."
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 38 of 68
49
DEPOSITION OF MICHAEL M]ZRACHI
01-12-05
A.
2
3
Q.
Yes.
Okay.
You see the referen(:e there to
Republic Western policy effective date 4/]/997
A.
Q.
Under
4 5
6
on two separate lines,
yes.
And then the next seczion where it says
"Underlying General Liability Information."
You see that caption? A.
Q.
7
8 9 10
Ii
]2 ]3
Yes.
Next one down.
Do you see the bottom line of that caption with
the number three to the left of iit?
A.
Yes.
Q.
()kay.
Do you see where it says "Are defense
[ront ef
14
]5
costs," and then to the right there's an X in
"unlimited" ?
16
]7
A.
Q.
Yes.
Okay.
What was that telling an umbrella carrier
18
]9
that might be reading this application?
A.
That there is underlying coverage that has defense
20
21
costs which are not capped.
MS.
SI{OFFNER:
What's the next one?
22
23
BY MR. GILl,:
Q.
All
right.
Looking at Exhibit 30,
letter on
24
25
Kemper letterhead dated February 2, ]999, from Elvia Aespuro
to Mae Sandoval.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 39 of 68
57
DEPOSITION OF MICHAEL MIZRACHI
01-]2-05
I
2
3
A.
13 million X 16 million X primary 13"7,000.
Q.
A.
13"7,000 was the premium?
Yes.
4
5
6
7
Q.
Okay.
Yes.
]3
million would be Kemper's limft?
A.
Q.
A.
Excess of a total of six million plus the premffum?
Correct.
That would be seven million total.
Q.
9 10
A.
Q.
and 44
Presumab]y.
Okay.
Yes.
now look at Exhibits 41,
ill you will
43,
12
]3
MS.
SHOFFNER:
GILl,:
Which one
·rst?
MR.
iI'm going to ask him whfch one of these
14
15
16
the earliest in poiint fin time and talk about that one
fffrst.
MS.
SHOF·'NER:
Okay.
17
]8
BY MR. GILL:
Q.
So it's Number 4],
43, and 44.
19
A.
Q.
Okay.
The first would be 44.
20
2]
Okay.
Is this the one bearing the cover sheet
that says "Liability Specfffications"?
A.
Q.
22
23
Yes.
1999, dash, 2000?
Yes.
24
25
A.
Q.
Okay.
How did this fit into the renewal process
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 40 of 68
58
DEPOSITION OF MICHAEL MIZRACHI
1 2
3
for that renewal?
01-12-05
It says "Liability Specifications."
A.
Q.
What: do you mean by how did :it fit in?
What is this showing
or"
doing?
What is the
4 5
6
7
purpose for which it was written?
A.
Outl ining the exposures and the terms by which
coverage is requested for renewal.
Q.
Would Aon have sent this to any prospective
8 9 10
I]
carriers to provide coverage above Republic Western?
MR.
f o rm.
When you say Aon would have done it, do you mean
FRAGNER:
l'm going to just object to the
12
13
14
did they,
or would they in the
ordinary course of busi hess?
MR.
GILL:
That's fair.
BY MR. GILL:
Q.
lh
16
Do you know [f Exhibit 44 was sent by Aon to any
prospective carriers during the marketing process for the
17
18
]9
April ],
A.
'99, renewal?
I can't recall that: specific document, but it
for Aon to send renewal
it was common and normal
20
specifications to prospective insurance companies.
Q.
21 22
23
24
Okay.
Would that be because this document 44
contains the same types of information that prospective
companies are looking for?
A.
Q.
In general, yes.
And when you say "looking for," meaning
25
·n
regard
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 41 of 68
59
DEPOSITION OF MICHAEL MIZRACHI
i
01-]2-05
to whether to make a decision to offer <;overage?
A.
Q.
2
Yes.
3
Okay.
A!]
right.
Between 41 and 43, which would
4
5
6
have been the next one created
A.
41.
Q.
in point in time?
Okay.
7
8 9 I0
This is the one that: says "1999 Casualty
Proposal"?
A.
Q.
Yes.
How is this different from the other one that said
11
]2
"Liability Specifications" in the same policy period?
A.
Specifications go to the insurance companies that
The
13
lay out the exposures and the requests for coverage.
14
proposal goes to the customer or account laying out the
terms by which coverage has been bound
or sorry
is
16
17
18 19
being proposed.
And who was your customer?
A.
It would have been delivered to Republic Western
the risk management department of it.
Insurance Company,
Q.
20
As the Aon account executive, were
during 1998
21
22
23
and 1999,
2000, 2001, was your customer Amerco, slash,
your customer Republic Western?
SHOFFNER:
U-Hau!,
or was
MS.
Objection.
24
25
BY MR. G·LL:
Q.
Or did you consider them to be the same? GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 42 of 68
6O
DEPOSITION OF MICHAEL MIZRACHI
01-12-05
i
A.
Did I consi.der what?
2
Q.
A.
All
of them to be the same.
3
4
I considered the ultimate customer to be
and its group of subsidiaries, but the contact on behalf of the company was
Q.
A.
5
6
resided within Republic Western. sir?
And who was that,
7
8
Primary contact in ]999 appears, based upon the
to be
documentation that you've just shown me today,
Ronald McCarty,
9
]
but there was a group of people there,
0
including his superiors, that were probably also involved.
Q.
A.
ii
]2 ]3
And who was included in that_ group?
1999?
iX
bekieve it was Ron Gray who was the
and perhaps And
president of Republic Western Insurance Company,
14
]5
Rich Turoff that was in-between Ron Gray and McCarty.
perhaps Jack Frank, who was the CFO,
Q.
The first two names:
I believe,
at the time.
16
Would you spell
those last
17
names for the court reporter?
18 19 20
21 22
A.
Q.
Ronald Gray,
R-O-N;
Gray, G-R-A Y.
I was concerned about the last names.
The other was Ri<;h Turoff,
A.
Q.
T-U-R-O-F-F,
I believe.
Okay.
And you said that Exhibit 43 would have
been the last of these three documents to be prepared.
A.
Q.
Correct.
And it says would you read to us what the cover
23
24
25
sheet says?
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 43 of 68
79
DEPOSITION OF MICHAEL
1
M[ZRACH]
0]-12-05
BY MR. GILL:
Q.
2
3
When you say "underwriters," you're talking about
for what types of companies or coverages?
4 5
6
A.
The coverage
in this case the coverage is
contemplated here
Q.
(indicating), which is excess ]iabil·ty.
Do you know if any of these documents in
7
8
Exhibit 78 were sent to such underwriting companies?
A.
Q.
Sorry?
What was the question?
9
]0
Do you know if any of these documents were
actually sent
A.
]]
I can't confirm
to underwriters
12
13
]4
Q.
MR. GILL
l have some additional
documents here,
beginning with Exhibit 81.
MS. SHOFFNER:
This
is originals.
15 16
Want to pass those over here?
What are we up to;
8].
MR.
FRAGNER:
81 now?
had her
17
MR. GILL:
make
Yes, starting with
18 19 20
2]
should have been an extra copy there.
MR.
FRAGNER:
Take a break.
(A recess was taken from 11:32 to 11:44 a.m.)
BY MR.
Q.
GILl,:
22
23
Looking at Exhibit 81.
It's
A.
Q.
a letter
signed by you, is it: not?
24
Yes.
25
Dated March 2,
19987
GRII,·FIN
& ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 44 of 68
8O
DEPOSITION OF MICHAEL MIZRACHI
1 2
3
0]-]2-05
Yes. To Janet Cooper of U-Haul Internatio.·al ? Yes. MR. MR.
number 0062"7.
Yes?
4 5
FRAGNER:
GILL:
Could you give us the Bates numbers?
]it's
Yes.
Republic Western Bates
6
7
8 9
HY MR. GILL:
Q.
Could you read the first sentence?
A.
"Further to our telephone conw·rsation this
I0
]]
]2
afternoon, we represent Amerco as its insurance brokers for
the procurement of Property and Casualty insurance."
Q.
Okay.
Looking at Exhibit Number 82.
This is
13
labeled Republic Western policy RG99, for policy period 4/1/99 to 4/1/00.
named insured Amerco,
14
This was produced by
15 16
Aon. Do you know why this would have been
files?
n Aon s
17
18
A.
Perhaps because it out fines underlying coverage. Okay.
MR.
19 20
2]
FRAGNER:
I'm sorry.
Can we,
for the re(lord,
make sure we read the Bates numbers of every exhibit in
22
MR. GILL:
MR.
Fine.
so there's no confus£on?
23
24
25
FRAGNER:
MR. GILL: MR.
Beginning with Bates number 0022.
That's Aon's?
FRAGNER:
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 45 of 68
83
DEPOSITION OF MICHAEL MIZRACHI
01-]2-05
I
2
3
Q.
Going back a moment to Exhibit 84.
Withdraw that question.
Strike that
question.
Looking at 85, which is Aon Bates number 0488
4 5
6
7
through 0506.
This was produced by Aon.
Do you know why this would be in Aon's
Well, just for the record, let: me say, it says
Republic Western policy RX99 for 4/]/99 to 4/]/00.
A.
8 9
]0
Presumably for the same reasons.
Whi<·'h was to
Provide information of underlying coverage.
Q.
A.
Q.
II
]2
Okay.
No.
Provide information to who; Aon?
A.
Probably for excess insurers.
]3
Correct that.
Yes, for Aon, as well as excess
14
.insurers.
Q.
15
]6
For the renewal years beginning 4/]
or
Apri ]
1
I'm sorry.
For the renewal periods beginning April 1,
17
1999,
18 19 20
21 22
and April
1, 2000, do you have any records of any copies Of
Republic Western policies being sent to excess insurers
other than the RU99 policy?
A.
Q.
Do I have any records? Yes.
Ii
23
A.
Q.
do not know.
24
25
Or any memory of that?
A.
Not specifical.ly, no.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 46 of 68
85
DEPOSITION OF MICHAEL MIZRACHI
i
01-12-05
MR.
MR.
FRAGNER: GILL:
What are we up to now?
2
3
4 5
Up to 90.
MR.
FRAGNER:
Okay.
BY MR. GILl,
Q.
Take a look at Exhibit 90 and Exhibit 9].
6
Exhibit 90 is the Aon Bates number 0110 through
.!
8 9
]0
0123, and Exhibit 9] is Aon Bates number 0373 through 0395.
Okay.
Both Exhibit 90 and 9]
we]], are these
two exhibits copies of Lumbermens policy number 9SR120037-01
for policy period 4/]/99 to 4/I/007 The policy number what?
i'm sorry.
]]
]2
()kay.
Say it again?
Policy number 9SR120037-0] for the policy period
13
14
15
1999, to April l, 2000?
A. Yes.
16
1"7
18
Q.
A.
Okay.
Do you know why these were in Aon's file?
and for
Aon placed the business with Lumbermens,
19
20
2]
that reason,
Q.
Lumbermens issues their policies to Aon.
Is that a customary practice? Yes.
A.
Q.
22
23
Looking at Exhibit 92.
Is this a copy of Republic Western Policy RXMM for
24
policy period April I, 2000/April
A.
l, 200]?
25
Yes.
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 47 of 68
93
DEPOSITION OF MICHAEL MIZRACHI
1 2
3
0]-]2-05
out.
(A recess was taken from 12:14 to ]2:40 p.m.)
BY MR. GILL:
Q.
4 5
6
Sir, did you ever have any conversations or
communications with anyone at Kemper or Lumbermens Mutual
Casualty Company as to whether any of the Republic Western
po]ioies that have been marked here as exhibits,
and which
8
9
you have seen, were or were not defense-within-limits type
po] icies?
A.
I don't recall specific
i0
ii
any specific
conversations.
12
]3
In regard to the renewal
for the policy period
beginning April ],
1999, when you placed the coverage from
were you aware
for that
14
]5
7 million to 20 million with Lumbermens,
whether any of the three Republic Western policies
16
17
period,
which are here as exhibits,
RG99, RX99, and RU99,
were or were not_ defense-within-limits policies?
18
19 2o
2].
A.
My understanding
my recollection was that the
RU policy had defense in addition to the limit, but that
beneath the RU policy,
Q.
defense was inside the limit.
So it is your understanding [or both policy years,
22
23
both 4/i/99 to 4/i/00 and 4/1/00 to 4/]/01?
A.
Q.
Yes.
24
25
Okay.
And as to the RU policies,
RU policies for
those two years,
RU99 and RUMM, what was your understanding
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 48 of 68
94
DEPOSITION OF MICHAEL MIZRACHI
1 2
3
4
01-12-05
that those policies were defense in addition to limits what was your understanding based on
·.
A.
The understanding of the
how the program was
intended to work,
which is that the RX and below was
5
6
effectively retained in-house.
therefore,
And the intention was,
to include defense costs within the retained
7
8 9 10
]I ]2
amount to effectively minimize the limit of retained
minimize the retained limit.
With that,
the first reinsured layer or risk
transfer layer would be the RU,
the intention was for because it was
defense costs to be in addition to the limit,
passed off
Q.
the risk was transferred.
]3
()kay.
No.
Had someene told you these things?
14
]5
A.
Q.
Just my recollectfon, my understanding.
What about the two policies beneath the RU
16
17
]8
policies,
the RG policies?
What was the basis
for your
understanding that they were defense inside ]£mits?
A.
Well,
there's the RG and the RX.
19 2o
21
Q.
A.
Is that what you mean? Yes.
Just because from the standpoint that those were
22
23
retained in-house internally,
again, my recollection was
internal
that because it was a self-retained vehicle,
24
25
vehicle,
that it: would the
the defense costs were inside
effectively operate
retained
self-retained
GRIFFIN & ASSOCIATES
Case 2:04-cv-00662-DGC
Document 112-6
Filed 09/30/2005
Page 49 of 68
97
DEPOSITION OF MICHAEL MIZRACHI
1 2
3
a
01-12-05
MR.
FRAGNER:
Yeah.
I would also say it ca[is for
legal conc]us·on and calls for a policy interpretation,
and it basically
and its also assumes facts not in evidence,
4 5
provides the answer in the answer. objectionable.
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