On April 22, 2016 a
Trial Materials
was filed
involving a dispute between
Applied Underwriters Captive Risk Assurance,
California Insurance Company,,
Silver Autumn Hotel,
Warwick Amusements Corporation,,
Warwick California Corporation,
Warwick Denver Corporation,,
Warwick Melrose Dallas Corporation,
Wsf Beverage Corporation,,
and
Applied Risk Services, Inc.,,
Applied Underwriters Captive Risk Assurance,
Applied Underwriters, Inc., A Nebraska Corporation,
California Insurance Company,,
Continental Indeminty Company, An Iowa Corporation,
Does 1 Through 50, Inclusive,
Insurance Commissioner In His Capacity,
Willis Of New York, Inc.,
Willis Of New York, Inc., A New York Corporation,
for civil
in the District Court of San Francisco County.
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CoO YN KD WH BF WN
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11
SPENCER Y. KOOK (SBN 205304)
skook@hinshawlaw.com
KENT R. KELLER (SBN 043463)
kkeller@hinshawlaw.com ELECTRONICALLY
HINSHAW & CULBERTSON LLP FILED
633 West Sth Street, 47th Floor Superior Court of Catifornia,
Los Angeles, CA 90071-2043 County of Son Frascisee
Telephone: 213-680-2800 05/24/2018
Facsimile: 213-614-7399 Clerk of the Court
BY: VANESSA WU
Deputy Clerk
TRAVIS WALL (SBN 191662)
twall@hinshawlaw.com
JARED W. MATHESON (SBN 275459)
jmatheson@hinshawlaw.com
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone: 415-362-6000
Facsimile: 415-834-9070
Attorneys for Defendants and Cross-Complainants APPLIED UNDER WRITERS, INC., APPLIED
UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA INSURANCE
COMPANY, CONTINENTAL INDEMNITY COMPANY and APPLIED RISK SERVICES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
WARWICK AMUSEMENTS CORPORATION, ) Case No. CGC-16-551614
etal., )
ely ) DEFENDANTS AND CROSS-
Plaintiffs, ) COMPLAINANTS’ TRIAL WITNESS
vs. ; LIST
APPLIED UNDERWRITERS, INC., et al., )
Defendants. 2
) First Amended Complaint Filed:
} May 19, 2016
J Trial: May 21, 2018
)
And related cross-action }
Pursuant to the Uniform Local Rules of the San Francisco Superior Court Rule 6.4 and
California Code of Civil Procedure Section 2025.620, Defendants and Cross-Complainants Applied
Underwriters, Inc., Applied Captive Risk Assurance Company, Inc., California Insurance Company,
DEFENDANT’S TRIAL WITNESS LIST
Case No, CGC-16-551614Continental Indemnity Company, and Applied Risk Services, Inc., (“Defendants”) hereby submit the
following list of witnesses it currently expects to call at trial to provide testimony, other than for the
purposes of impeachment or rebuttal. Defendants also intend to seek testimony from any witness
listed or called by the Plaintiffs, and reserve the right to supplement this list as necessary during the
course of this case.
TRIAL WITNESS LIST
Est. Length of
Name Brief Description of Expected Area of Testimony Direct Exam
Ms. Bowe resides more than 150 miles from the trial court, therefore
testimony will be provided through excerpts from her deposition
regarding her responsibilities as a placement broker while employed
Bowe, Christina at Willis of New York and her involvement in the transaction of
placement of workers compensation insurance for the Plaintiff with
the Defendants’ EquityComp® Program.
Ms. Gardiner will provide in person testimony specifically related to
Defendants’ experience under the EquityComp® Program, the | 3-4 hours
guaranteed cost policy and separate profit- sharing plan, filings with
Gardiner, Ellen the California Department of Insurance and Workers Compensation
Insurance Rating Bureau, Department exams, pricing and other issues
relevant to this proceeding.
Mr. Osborne will provide in person expert opinion testimony on the
Osborne, Gary EquityComp® Program, captives and regulatory filing requirements, | 1-2 hours
Mr. Sheh is the person in charge at Plaintiff Warwick who manages
Warwick’s workers compensation insurance. In addition to any
Sheh, Michael testimony provided at trial, excerpts from Mr. Sheh’s depositions may
be provided pursuant to Cal. Civ. Proc. § 2025.62(b).
Mr. Steers resides more than 150 miles from the trial court, therefore
testimony will be provided through excerpts from his deposition
regarding his responsibilities as a client advocate while employed at
Steers, Charles Willis of New York and his involvement in the transaction of
placement of workers compensation insurance for the Plaintiff with
Defendants’ EquityComp® Program.
DEFENDANTS’ TRIAL WITNESS LIST
Case No. CGC-16-5516140 em YN DH HW eB WN =
YPN NY NNN NY KN NY Se BS Be Be ee Be Be eB
oN A aA F&F YBN fF SB we AYA DAH PB BH KF CO
Dated: May 18, 2018
By:
HINSHAW & CULBERTSON LLP
SPENC . ROOK
KENT R. RELLER
TRAVIS WALL
JARED W. MATHESON
Attorneys for Defendants and Cross-
Complainants APPLIED UNDERWRITERS,
INC., APPLIED UNDERWRITERS CAPTIVE
RISK ASSURANCE COMPANY, INC.,
CALIFORNIA INSURANCE COMPANY,
CONTINENTAL INDEMNITY COMPANY
and APPLIED RISK SERVICES, INC.
DEFENDANTS’ TRIAL WITNESS LIST
Case No. CGC-16-551614
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CoO YN KD WH BF WN ° 11 SPENCER Y. KOOK (SBN 205304) skook@hinshawlaw.com KENT R. KELLER (SBN 043463) kkeller@hinshawlaw.com ELECTRONICALLY HINSHAW & CULBERTSON LLP FILED 633 West Sth Street, 47th Floor Superior Court of Catifornia, Los Angeles, CA 90071-2043 County of Son Frascisee Telephone: 213-680-2800 05/24/2018 Facsimile: 213-614-7399 Clerk of the Court BY: VANESSA WU Deputy Clerk TRAVIS WALL (SBN 191662) twall@hinshawlaw.com JARED W. MATHESON (SBN 275459) jmatheson@hinshawlaw.com HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 Telephone: 415-362-6000 Facsimile: 415-834-9070 Attorneys for Defendants and Cross-Complainants APPLIED UNDER WRITERS, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA INSURANCE COMPANY, CONTINENTAL INDEMNITY COMPANY and APPLIED RISK SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION WARWICK AMUSEMENTS CORPORATION, ) Case No. CGC-16-551614 etal., ) ely ) DEFENDANTS AND CROSS- Plaintiffs, ) COMPLAINANTS’ TRIAL WITNESS vs. ; LIST APPLIED UNDERWRITERS, INC., et al., ) Defendants. 2 ) First Amended Complaint Filed: } May 19, 2016 J Trial: May 21, 2018 ) And related cross-action } Pursuant to the Uniform Local Rules of the San Francisco Superior Court Rule 6.4 and California Code of Civil Procedure Section 2025.620, Defendants and Cross-Complainants Applied Underwriters, Inc., Applied Captive Risk Assurance Company, Inc., California Insurance Company, DEFENDANT’S TRIAL WITNESS LIST Case No, CGC-16-551614Continental Indemnity Company, and Applied Risk Services, Inc., (“Defendants”) hereby submit the following list of witnesses it currently expects to call at trial to provide testimony, other than for the purposes of impeachment or rebuttal. Defendants also intend to seek testimony from any witness listed or called by the Plaintiffs, and reserve the right to supplement this list as necessary during the course of this case. TRIAL WITNESS LIST Est. Length of Name Brief Description of Expected Area of Testimony Direct Exam Ms. Bowe resides more than 150 miles from the trial court, therefore testimony will be provided through excerpts from her deposition regarding her responsibilities as a placement broker while employed Bowe, Christina at Willis of New York and her involvement in the transaction of placement of workers compensation insurance for the Plaintiff with the Defendants’ EquityComp® Program. Ms. Gardiner will provide in person testimony specifically related to Defendants’ experience under the EquityComp® Program, the | 3-4 hours guaranteed cost policy and separate profit- sharing plan, filings with Gardiner, Ellen the California Department of Insurance and Workers Compensation Insurance Rating Bureau, Department exams, pricing and other issues relevant to this proceeding. Mr. Osborne will provide in person expert opinion testimony on the Osborne, Gary EquityComp® Program, captives and regulatory filing requirements, | 1-2 hours Mr. Sheh is the person in charge at Plaintiff Warwick who manages Warwick’s workers compensation insurance. In addition to any Sheh, Michael testimony provided at trial, excerpts from Mr. Sheh’s depositions may be provided pursuant to Cal. Civ. Proc. § 2025.62(b). Mr. Steers resides more than 150 miles from the trial court, therefore testimony will be provided through excerpts from his deposition regarding his responsibilities as a client advocate while employed at Steers, Charles Willis of New York and his involvement in the transaction of placement of workers compensation insurance for the Plaintiff with Defendants’ EquityComp® Program. DEFENDANTS’ TRIAL WITNESS LIST Case No. CGC-16-5516140 em YN DH HW eB WN = YPN NY NNN NY KN NY Se BS Be Be ee Be Be eB oN A aA F&F YBN fF SB we AYA DAH PB BH KF CO Dated: May 18, 2018 By: HINSHAW & CULBERTSON LLP SPENC . ROOK KENT R. RELLER TRAVIS WALL JARED W. MATHESON Attorneys for Defendants and Cross- Complainants APPLIED UNDERWRITERS, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA INSURANCE COMPANY, CONTINENTAL INDEMNITY COMPANY and APPLIED RISK SERVICES, INC. DEFENDANTS’ TRIAL WITNESS LIST Case No. CGC-16-551614