FILED: NEW YORK COUNTY CLERK 02/05/ :31 PM INDEX NO /2015 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 02/05/2018

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1 STATE OF NEW YORK SUPREME COURT: COUNTY OF NEW YORK MT. HAWLEY INSURANCE COMPANY, Index No /15 Plaintiff, -against- LOW BID, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, and HACKENSACK STEEL CORPORATION, Defendant. CERTIFICATION PURSUANT TO SECTION a OF THE RULES OF THE CHIEF ADMINISTRATOR (22 NYCRR) The undersigned certifies the following documents pursuant to 22NYCRR Section a. DEMAND FOR VERIFIED BILL OF PARTICULARS NOTICE FOR DISCOVERY AND INSPECTION NOTICE TO TAKE EXAMINATION BEFORE TRIAL COMBINED DISCOVERY DEMANDS Dated: Florham Park, New Jersey Respectfully submitted, February 5, 2018 CLYDE & CO US LLP g?,(~ BY: Anthony M. Tessitore, Esq. CLYDE 4 CO US LLP 200 Campus Drive, Suite 300 Florham Park, NJ (973) Attomeys for Defendant, Travelers Property Casualty Company of America of 8

2 TO: VIA ECF AND FORD MARRIN ESPOSITO WITMEYER & GLESSER, L.L.P. Attorney(s) for Plaintiff Wall Street Plaza 88 Pine Street, 23rd FlOOr New York, NY VIA ECF AND LEARY BRIDE TINKER & MORAN, P.C. Attorney(s) for Defendant HACKENSACK STEEL CORPORATION 7 Ridgedale Avenue Cedar Knolls, NJ VIA MAIL LOW BID, INC. 125 East Broadway, Suite 507 Long Beach, NY of 8

3 STATE OF NEW YORK SUPREME COURT: COUNTY OF NEW YORK MT. HAWLEY INSURANCE COMPANY, Index No against- Plaintiff, DEMAND FOR VERIFIED BILL OF PARTICULARS LOW BID, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, and HACKENSACK STEEL CORPORATION, Defendant. TO: PLAINTIFFS PLEASE TAKE NOTICE, that pursuant to the C.P.L.R. Section 3101 et seq. of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand, setting forth the following: 1. State whether it is claimed that any terms, exclusions, conditions or other provisions within the policy issued by Plaintiff operates to exclude or otherwise eliminate coverage under the policy for the underlying personal injury claim, and if so, state: a. Which terms within the policy operate to exclude or otherwise eliminate coverage under the policy; b. Which exclusions within the policy operate to exclude or otherwise eliminate coverage under the policy; c. Which conditions within the policy operate to exclude or otherwise eliminate coverage under the policy; 3 3 of 8

4 d. Which other provisions within the policy operate to exclude or otherwise eliminate coverage under the policy. 2. State whether it is claimed that Plaintiff received untimely notice of the underlying personal injury claims, and if so, set forth, with particularity, each and every fact that Plaintiff will rely upon to demonstrate that notice was untimely. 3. State whether it is claimed that any misrepresentations were made to Plaintiff, and if so, set forth: a. When those misrepresentations were made; b. By whom those misrepresentations were made; c. Who those misrepresentations were made to; d. What those misrepresentations were; e. Whether those misrepresentations were written, verbal, electronic or other; f. Who from Plaintiff relied on those misrepresentations. 4. State, with sufficient particularity, each and every fact that Plaintiff relies upon to assert and/or claim that no coverage can be provided under the policy of insurance issued by Plaintiff. 5. State completely and in detail the basis for Plaintiffs claims that Hackensack Steel Corporation is not an additional insured under the policy of insurance issued by Plaintiff. 6. State completely and in detail the basis for Plaintiffs claims that Hackensack Steel Corporation is not afforded any coverage under the policy of insurance issued by Plaintiff. 7. State, with sufficient particularity, each and every fact that Plaintiff relies upon to assert and/or claim that the policy of insurance issued by Plaintiff was and/or is void, voidable and/or unenforceable. 4 of 8

5 8. State whether Plaintiff conducted any investigation about the named insured in the policy of insurance issued by Plaintiff before issuing said policy, and if so, provide, with sufficient particularity: a. Who performed those investigations; b. When those investigations were conducted; c. How those investigations were conducted; d. What information was obtained from those investigations; e. What documents were found as a result of those investigations; f. Whether the results of those investigations were communicated to anyone, and if so, state to whom g. What was done with the information/documents found from those investigations. 9. State whether Plaintiff communicated with its named insured after receiving the application for insurance, but before issuing the policy of insurance to its named insured, and if so, state, with sufficient particularity: a. Who from Plaintiff communicated with its named insured; b. When those communications took place; c. Whether those communications were written, verbal and/or electronic communications; d. What was the sum and substance of those communications. 10. State whether Plaintiff claims that it conducted its due diligence before issuing the policy of insurance that is the subject of Plaintiffs Complaint, and if so, state, with sufficient particularity: 5 of 8

6 a. What actions taken constitute Plaintiffs "due diligence" before issuing the policy of insurance; b. Who performed Plaintiffs "due diligence"; c. When Plaintiff performed its "due diligence"; d. What information was gathered from Plaintiffs "due diligence"; e. What was done with any information gathered from Plaintiffs "due diligence"; f. Who that information was communicated to; g. Whether the information gathered from Plaintiffs "due diligence" was considered in issuing the policy of insurance that is the subject of Plaintiffs Complaint; h. How the information gathered from Plaintiffs "due diligence" impacted Plaintiffs decision to issue a policy of insurance to its named insured. 11. State whether any admissions or statements were made by any party to this action or the agent or employee of this action, and if so, state: a. Whether written or oral; b. The date, time and place made; c. By whom and to whom made; d. The identity of all persons present who heard, or could hear the statement or admission; e. The words used. 6 of 8

7 12. Set forth by chapter, article, section and paragraph each statute, ordinance, rule or regulation which Plaintiff claims each Defendant violated, and how violation of that statute caused or contributed to the cause of action alleged in Plaintiffs Complaint. 13. State the policy number, effective dates, policy limits and type of coverage provided in the policy of insurance that is the subject of Plaintiffs Complaint. 14. State which paragraphs, sections and/or other provisions in the policy of insurance issued by Plaintiff provide additional insured coverage. 15. State whether Plaintiff issued any policy at any point in time to Low Bid, Inc. other than the policy of insurance at issue herein and for each such policy provide the policy number and operative policy period. Dated: Florham Park, New Jersey Respectfully submitted, February 5, 2018 CLYDE & CO US LLP g?.(~ BY: Anthony M. Tessitore, Esq. CLYDE 4 CO US LLP 200 Campus Drive, Suite 300 Florham Park, NJ (973) Attomeys for Defendant, Travelers Property Casualty Company of America TO: FORD MARRIN ESPOSITO WITMEYER & GLESSER, L.L.P. Attomey(s) for Plaintiff Wall Street Plaza 88 Pine Street, 23'd Floor New York, NY of 8

8 LEARY BRIDE TINKER & MORAN, P.C. Attorney(s) for Defendant HACKENSACK STEEL CORPORATION 7 Ridgedale Avenue Cedar Knolls, NJ LOW BID, INC. 125 East Broadway, Suite 507 Long Beach, NY of 8