Free Response in Opposition to Motion - District Court of Arizona - Arizona

Case 2:O3—cv—OOO53—SI\/II\/I D0cument227-3 FiIed10/20/2006 Page10f3

Declaration of Thomas Rossi
I, Thomas Rossi, state:
1. I am the Vice President of National Underwriting Operations for Century Surety
Company ("Century”). I have personal knowledge of the matters set forth herein.
2. Century still uses the mark "Century Surety Group" in the ordinary course of business for
certain purposes. Certain industry participants still refer to Century and its companies as
"Century Surety Crroup" such as the National Association of Insurance Commissioners (NAIC).
3. In most places where Century was using the "Century Surety Group" mark the "Century
Insurance Group" mark is now being used. Examples include Century’s advertising and
stationary.
4. Neither "Century Surety Group" nor "Century Insurance Group" appears on Century’s
policies. Each policy includes the legal name of the insurance company, eg., “Century Surety
Company."
5. Attached as Exhibit A is a copy of Century’s Ohio trade name registration for "Century
Surety Group,”’ which was renewed in March of 2006.
6. Attached as Exhibit B hereto is a copy of an article from Rough Notes (an Insurance
Industry Publication) from November of 2005, which refers to Century as “Century Surety
Crroup.”
7. Attached as Exhibit C hereto is a present copy of the current participant companies in
AICPCU Insurance Education Courses, which is publicly available and used for the purpose of
providing insurance—related classes for the insurance industry. It refers to Century as "Century
Surety Group."
8. Attached as Exhibit D hereto is a present copy of the current company profile for Century
in Demotech (an Insurance Industry Rating Organization for Insurers), which is available online,
and which refers to Century’s group as ““Century Surety Group."
9. Attached as Exhibit E hereto is the current online Insurance Guide for Westerville, Ohio,
which is publicly available and used for the purpose of information on insurance. It refers to
Century as ‘“Century Surety Group."
l0. Attached as Exhibit F is a copy ofthe current "LESLl" (List ofEligible Surplus Lines
Insurers) company profile listing for the State of California by the Surplus Line Association of
California. which is publicly available and used by the insurance industry and the general public
for the confirmation of information and status. It refers to Century’s group name as "Century
Surety Group."
l l. Attached as Exhibit Cr hereto is a copy of the latest company listing for Century with the
Surplus Lines Stamping Office of Texas. which is publicly available and used by the insurance
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industry and the general public for the confirmation of infomation and status. It refers to
Century`s group as "Century Surety Group."
12. California and Texas are Century’s first and third largest states for sales and constituted
over 32% of Century’s direct written premiums on a dollar basis in each of the years 2000-2005
(over 43% in 2000, 32% in 2001, 44% in 2002, 44% in 2003, 43% in 2004, 44% in 2005) and
over 41% of Century’s direct written premiums on a dollar basis as of June 30, 2006. The
Surplus Lines Association of California and the Surplus Lines Stamping Offices of Texas both
refer to the “Century Surety Group" name on their websites. ` In 2000 only, Texas was the fifth
largest state.
13. Attached as Exhibit H hereto is a copy of the current New Jersey Department of
Insurance listing of Acceptable Surety Companies, which refers to "Century Surety Group."
(Note: This is a 2005 list, but is the one that is publicly available).
14. Attached as Exhibit I hereto is a current copy of Century’s Liquor Liability Application,
which is available online from many sources, as well as the Company’s Electronic Underwriting
Manual which is distributed to each of Century’s General Agents. The application displays the
"Century Surety Group" mark on the top of the first page. Century presently sells this type of
insurance in approximately 40 states and sales of this type of insurance in 2005 were
approximately $ 1,705,000. This type of insurance has been offered by Century since at least
1996 to present. "Century Surety Group" has been used on this application since at least as early
as 2000 and has been used continuously since that time.
I declare under penalty of perjury that, to the best of my knowledge and recollection, the
foregoing is correct.
i
/0 -{Q-0 Q
Date Thomas Rossi
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