Preview
FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE Index No.: 510798/2018
COMPANY,
Plaintiff, AFFIDAVIT OF ROBERT
GOLDFARB
v.
EASTERN FRUIT & VEGETABLES INC.
Defendant.
STATE OF NEW YORK )
SS:
COUNTY OF NASSAU )
states·
Robert Goldfarth being duly swom, deposes and
1. I am Vice President - Personal Lines Department Manager at Morstan General
Agency, a division of Hull & Company, Inc. together with its affiliates ("Hull"). I was
previously an underwriter employed by Morstan General Agency, Inc. (together with itsaffiliates
"Morstan") and then by Hull after itpurchased Morstan's assets.
2. . I am an underwriter who is involved in placing insurance pdicias, including
with Atlantic Casualty Insurance Company. The foregoing is based upon my personal knowledge
as underwriter as well as my understanding of facts and circumstances gleaned from my review
of relevant books and records, specifically including the insurance policies, notices, emails and
other records that are referenced in this affidavit and which are attached hereto as exhibits.
A. The 2015 Policy
3. In 2015 Eastem Fruit & Vegetables Inc. ("Eastern Fruit"), through its agent,
Andreoli Agency ("Andreoli"), obtained a general liability insurance policy (the "2015 Policy")
fromAtlantic Casualty Insurance Company ("Atlantic") through Morstan.
4. The 2015 Policy expired by itsterms on April 17, 2016.
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5. A copy of the 2015 Policy is annexed hereto as Exhibit 1.
B. The 2016 Policy
6. On March 15, 2016, prior to the 2015 Policy expiring, Morstan provided Andreoli
with a non-binding quotation for a renewal policy. A copy of that quotation is annexed as
2.1
Exhibit A copy of Morstan's email, dated March 15, 2016, transmitting this quotation is
annexed hereto as part of Exhibit 3.
7. Andreoli did not request any clarification of the March 15, 2016 quote.
8. On page 1 of 4the quotation states
Exposure Basis
250,000 GS
Exhibit 2 at page 1 of 4.
9. It is my understanding that insurance carriers consider the gross sales of a retail
business when determining the exposure of an insured under certain types of policies and in tum
the premium to be charged for the policy. It is also my understanding Atlantic calculates the
exposure for a retail business and the premium to be charged for certain types of policies using
the gross sales of the business. For example, with respect to the quotation for the 2015 Eastern
"GS" "basis'
Fruit placement, the reference to under the word on the quotation indicates that the
exposure in the present situation was based upon gross sales. The exposure found in this
quotation was based upon Eastern Fruit's statement in its 2015 signed application its
listing
exposure (i.e.,its anticipated gross sales) as $250,000. A copy of that application is attached as
5.2
Exhibit
1 Page 4 of of the quotes âññExêd hereto as Exhibit
4 2 and Exhibit 4 have been completed and signed by Eastem
Fruit. The copies originallyprovided to Eastem Fruitdid not contain these nurkings.
2 When the quotation is we do not
provided, typically have a signed application for the current year. As a result,the
information included on the quotation istypically obtained eitherfrom the prior year's application or,ifthere is no
prior policy, then from information provided by the retailbroker. If the information is changed on the signed
application for the currentpolicy year, the premiums willbe recalculated upon receiptof the signed application and
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10. On April 18, 2016, Andreoli wrote to Morstan requesting that Morstan bind
coverage based upon the March 15, 2016 quotation. A copy of Andreoli's ernail is annexed
hereto as part of Exhibit 3.
11. In connection with this request, Andreoli also provided several documents
Coverage"
including (1) a copy of the "Policyholder Disclosure Notice of Terrorism Insurance
form, a completed, dated and signed by Asif Jhangir, Eastem Fruit's president, on behalf of
Eastem Fruit (annexed as part of Exhibit 2); (2) an ACORD application, completed and signed
by Mr. Jhangir on behalf of Eastem Fruit, a copy of which is annexed hereto as Exhibit 6; (3) a
notice of Excess Lines Placement, signed by Mr. Jhangir on behalf of Eastem Fruit, a copy of
which is annexed hereto as Exhibit and a completed Part C - Affidavit
7; (4) by Producing
Broker, a copy of which is annexed hereto as Exhibit 8.
12. Under the Schedule of Hazards, the application for the 2016 Policy identifies the
exposure as $250,000 (see Exhibit 6 at ACORD 126 page 1 of 4). In the column marked
Basis" "S,"
"Premium it shows which refers to gross sales. Since this was consistent with the
number used in the quotation, no changes were made to the premium before coverage was
bound.
13. In response to Andreoli's request, Morstan bound coverage with Atlantic and
Atlantic policy L146001424-1, was issued with effective dates from April 17, 2016, to April 17,
2018 (the "2016 Policy"). A copy of the binder for the 2016 Policy (without attachments) is
annexed hereto as Exhibit 9. A copy of the 2016 Policy, with all endorsements thereto is
annexed hereto as Exhibit 10.
14. A copy of Morstan's email forwarding the 2016 Policy to Andreoli is annexed
hereto as Exhibit 17.
the retailageritwill be advised of the revised premium.
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15. Eastem Fruit paid the initial estimated premium and associated taxes and fees in
connection with the 2016 Policy.
16. To Morstan's knowledge, at no point did Eastern Fruit or Andreoli reject the 2016
Policy or request that itbe cancelled.
C. The 2017 Policy
17. In June 20163 Hull & Company, Inc. purchased Morstan's assets.
18. Following the time Hull purchased Morstarf s Assets, Hull conducted certain
activities in New York under the name Morstan General Agency.
19. When Eastern Fruit's 2016 Policy came up for renewal, Hull was involved in
negotiating, binding and issuing the Atlantic renewal policy.
20. Specifically, on or about March 14, 2017, Hull sent an email to Andreoll
providing a non-binding ouotation for the 2017-2018 policy period. A copy of this quotation is
annexed hereto as Exhibit 4. As with the prior quotation, the estimated premium found in this
quotation was based upon Eastem Fruit's gross sales. The dollar amount for the anticipated
gross sales was obtained from Eastem Fruit's signed application from the prior term-
policy i.e.,
$250,000. See, Exhibit 6 at B B201901321-655-000019.
21. On April 15, 2017 Andreoli, on behalf of Eastem Fruit, emailed Hull, requesting
that Hull bind coverage based upon the March 14, 2017 quotation. A copy of Andreoli's email is
annexed as part of Exhibit 12.
22. On April 17, 2017, Andreoli emailed Hull copies of the necessary renewal
documentation, including (1) a copy of the "Policyholder Disclosure Notice of Terrorism
Coverage"
Insurance fonn a completed, dated and signed by Mr. Jhangir on behalf of Eastem
Fruit (annexed as part of Exhibit 4); (2) an Acord application, completed and signed by Mr.
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Jhangir on behalf of Eastem Fruit, a copy of which is annexed hereto as Edibit 13; (3) A notice
of Excess Lines Placement, signed by Mr. Jhangir on behalf of Eastem Fruit, a copy of which is
annexed hereto as Edibit and a completed Part C - Affidavit a
14; (4) by Producing Broker,
copy of which is annexed hereto as Exhibit 15.
23. Just like the signed application for the 2016 Policy, the signed application for the
2017 Policy represented the exposure to be $250,000, which was the reported ariticipated gross
sales. See, Edibit 13 at BB201901321-655-000047. Ifthe signed application had reported a
different number for the anticipated gross sales, the premiums would have been recalculated
based upon that revised number and we would have advised Andreoli of the same. Since the
arecip d gross sales listed on the signed application was the same as that used in the quotation,
no aqustments were made to the premium before coverage was bound.
24. In response to Andreoli's request, Hull bound coverage with Atlantic and Atlantic
policy L146001424-2., was issued with effective dates from April 17, 2017 to April 17, 2017 (the
"2017 Policy"). A copy of the binder for the 2017 Policy (without attachments) is annexed hereto
as Edibit 16. A copy of the 2017 Policy, with all endorsements thereto is annexed hereto as
Edibit 17.
25. A copy of Hull's email forwarding the 2017 Policy to Andreoli is anisxed hereto
as Edibit 18.
26. Eastern Fruit paid the initial estimated premiums and associated taxes and fees in
connection with the 2017 Policy.
27. To Morstan's knowledge, at no point did Eastem Fruit or Andreoli reject the 2017
Policy or request that itbe cancelled.
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D. The Audit
28. Both the 2016 Policy and 2017 Policy were auditable pnlicies. This means that an
estimated premium was charged at inception based upon the insured's estimated exposure (inthis
case, Eastern Fruit's gross sales during the policy period). An audit is then performed after the
end of the policy year to determine, among other things, the insured's actual gross sales and
exposure and the insured is obligated to pay the difference between the estimated premium
initially paid and the developed premium based upon the audit, along with the associated taxes
and fees.
29. Following the end of the 2016 Policy temi Atlantic performed an audit to
determine the full premium due in connection with the 2016 Policy.
30. Morstan was advised that the audit revealed that Eastem Fruit, in completing its
application for the 2016 Policy, had substantially underestimated its exposure, resulting in the
estimated premium charged to it being significantly lower than the actual premium due for the
2016 Policy period.
31. As a result, Hull, on behalf of Atlantic issued an endorsement to the 2016 Policy
refiêcting an additional $67,357 in additional premiums, $2,424.85 in taxes and $121.24 in fees.
A copy of this endorsement, is annexed as part of Edibit 10 atACIC 0062.
32. On July 19, 2017, Hull emailed a copy of this endorsernent, together with an
Audit Cover Letter seeking payment of the additional premiums, to Andreoli. A copy of the
Audit Cover Letter, seeking payment for the additional premiums, taxes and fees owed in
connection with the 2016 Policy as a result of the audit is included as part of Exhibit 10 atACIC
0061. A copy of Hull's email transmitting the same to Andreoli is annexed hereto as Ekibit 19.
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33. Based upon this audit, Hull also issued a change êñdarsement for the 2017 Policy,
updating the estimated premium for the 2017 Policy to reflect Eastem Fruit's exposure, as
reflected in the audit. This endorsement, which increased the estimated prernium for the 2017
Policy by $58,830, is annexed as part of Exhibit 17at ACIC 0124-0125.
34. On August 2, 2017, Hull emailed a copy of this endorsement, together with an
Endorsement Cover Letter seeking payment of the additional premiums, to Andreoli. A copy of
the Endorsement Cover Letter, seeking payment for the additional premiums, taxes and fees
owed in connection with the 2017 Policy as a result of the audit is included as part of Exhibit 17
at ACIC 00123. A copy of Hull's email transmitting the same to Andreoli is annexed hereto as
Exhibit 20.
35. To Morstan's knowledge, at no point did Eastem Fruit challenge the outcome of
the Audit, the endorsements or the premiums sought in the July 19, 2017 Audit Cover Letter or
August 2, 2017 Endorsement Cover Letter.
36. Despite efforts by Hull to collect these additional premiums from Eastern Fruit, to
Morstan's knowledge, at no point did Eastem Fruit remit these additional premiums.
37. As a result, on October 9, 2017, a cance!!atinn endorsement was issued cancelling
the 2017 Policy, effectivê October 3, 2017, a copy of which is annexed hereto as part of Exhibit
17at ACIC 0127.
38. Hull ultimately returned the audit to Atlantic for direct collection.
Robe)t-doldfarb
Sworn to before me this
S day of An 2 . 2021
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WALTERJ ALLEN
NotaryPublic - State of New York
No. 01AL6202242
Qualifiedin Nassau County
My Commission Expires Mar 16, 2025
Public
Notary
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WORD COUNT CERTIFICATION
I hereby certify pursuant to 22 NYCRR 202.8-b that the total number of words in the
within affirmation, inclusive of point headings and footnotes and exclusive of caption, signature
blocks, and pages containing the table of contents, table of citations and this Statement is 1,935,
which is in compliance with NYCRR 202.8-b.
Dated: White Plains, New York
August 9, 2021
KEIDEL, WELDON & CUNNINGHAM, LLP
By: ________________________________
Robert W. Lewis
Attorneys for Plaintiff
Atlantic Insurance Co.
925 Westchester Avenue, Suite 400
White Plains, New York 10604
Tel: (914) 948-7000
Fax: (914) 948-7010
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FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE Index No.: 510798/2018 COMPANY, Plaintiff, AFFIDAVIT OF ROBERT GOLDFARB v. EASTERN FRUIT & VEGETABLES INC. Defendant. STATE OF NEW YORK ) SS: COUNTY OF NASSAU ) states· Robert Goldfarth being duly swom, deposes and 1. I am Vice President - Personal Lines Department Manager at Morstan General Agency, a division of Hull & Company, Inc. together with its affiliates ("Hull"). I was previously an underwriter employed by Morstan General Agency, Inc. (together with itsaffiliates "Morstan") and then by Hull after itpurchased Morstan's assets. 2. . I am an underwriter who is involved in placing insurance pdicias, including with Atlantic Casualty Insurance Company. The foregoing is based upon my personal knowledge as underwriter as well as my understanding of facts and circumstances gleaned from my review of relevant books and records, specifically including the insurance policies, notices, emails and other records that are referenced in this affidavit and which are attached hereto as exhibits. A. The 2015 Policy 3. In 2015 Eastem Fruit & Vegetables Inc. ("Eastern Fruit"), through its agent, Andreoli Agency ("Andreoli"), obtained a general liability insurance policy (the "2015 Policy") fromAtlantic Casualty Insurance Company ("Atlantic") through Morstan. 4. The 2015 Policy expired by itsterms on April 17, 2016. 1 DM1\12905609.1 1 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 5. A copy of the 2015 Policy is annexed hereto as Exhibit 1. B. The 2016 Policy 6. On March 15, 2016, prior to the 2015 Policy expiring, Morstan provided Andreoli with a non-binding quotation for a renewal policy. A copy of that quotation is annexed as 2.1 Exhibit A copy of Morstan's email, dated March 15, 2016, transmitting this quotation is annexed hereto as part of Exhibit 3. 7. Andreoli did not request any clarification of the March 15, 2016 quote. 8. On page 1 of 4the quotation states Exposure Basis 250,000 GS Exhibit 2 at page 1 of 4. 9. It is my understanding that insurance carriers consider the gross sales of a retail business when determining the exposure of an insured under certain types of policies and in tum the premium to be charged for the policy. It is also my understanding Atlantic calculates the exposure for a retail business and the premium to be charged for certain types of policies using the gross sales of the business. For example, with respect to the quotation for the 2015 Eastern "GS" "basis' Fruit placement, the reference to under the word on the quotation indicates that the exposure in the present situation was based upon gross sales. The exposure found in this quotation was based upon Eastern Fruit's statement in its 2015 signed application its listing exposure (i.e.,its anticipated gross sales) as $250,000. A copy of that application is attached as 5.2 Exhibit 1 Page 4 of of the quotes âññExêd hereto as Exhibit 4 2 and Exhibit 4 have been completed and signed by Eastem Fruit. The copies originallyprovided to Eastem Fruitdid not contain these nurkings. 2 When the quotation is we do not provided, typically have a signed application for the current year. As a result,the information included on the quotation istypically obtained eitherfrom the prior year's application or,ifthere is no prior policy, then from information provided by the retailbroker. If the information is changed on the signed application for the currentpolicy year, the premiums willbe recalculated upon receiptof the signed application and 2 DM1\12305609.1 2 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 10. On April 18, 2016, Andreoli wrote to Morstan requesting that Morstan bind coverage based upon the March 15, 2016 quotation. A copy of Andreoli's ernail is annexed hereto as part of Exhibit 3. 11. In connection with this request, Andreoli also provided several documents Coverage" including (1) a copy of the "Policyholder Disclosure Notice of Terrorism Insurance form, a completed, dated and signed by Asif Jhangir, Eastem Fruit's president, on behalf of Eastem Fruit (annexed as part of Exhibit 2); (2) an ACORD application, completed and signed by Mr. Jhangir on behalf of Eastem Fruit, a copy of which is annexed hereto as Exhibit 6; (3) a notice of Excess Lines Placement, signed by Mr. Jhangir on behalf of Eastem Fruit, a copy of which is annexed hereto as Exhibit and a completed Part C - Affidavit 7; (4) by Producing Broker, a copy of which is annexed hereto as Exhibit 8. 12. Under the Schedule of Hazards, the application for the 2016 Policy identifies the exposure as $250,000 (see Exhibit 6 at ACORD 126 page 1 of 4). In the column marked Basis" "S," "Premium it shows which refers to gross sales. Since this was consistent with the number used in the quotation, no changes were made to the premium before coverage was bound. 13. In response to Andreoli's request, Morstan bound coverage with Atlantic and Atlantic policy L146001424-1, was issued with effective dates from April 17, 2016, to April 17, 2018 (the "2016 Policy"). A copy of the binder for the 2016 Policy (without attachments) is annexed hereto as Exhibit 9. A copy of the 2016 Policy, with all endorsements thereto is annexed hereto as Exhibit 10. 14. A copy of Morstan's email forwarding the 2016 Policy to Andreoli is annexed hereto as Exhibit 17. the retailageritwill be advised of the revised premium. 3 DM1\12305609.1 3 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 15. Eastem Fruit paid the initial estimated premium and associated taxes and fees in connection with the 2016 Policy. 16. To Morstan's knowledge, at no point did Eastern Fruit or Andreoli reject the 2016 Policy or request that itbe cancelled. C. The 2017 Policy 17. In June 20163 Hull & Company, Inc. purchased Morstan's assets. 18. Following the time Hull purchased Morstarf s Assets, Hull conducted certain activities in New York under the name Morstan General Agency. 19. When Eastern Fruit's 2016 Policy came up for renewal, Hull was involved in negotiating, binding and issuing the Atlantic renewal policy. 20. Specifically, on or about March 14, 2017, Hull sent an email to Andreoll providing a non-binding ouotation for the 2017-2018 policy period. A copy of this quotation is annexed hereto as Exhibit 4. As with the prior quotation, the estimated premium found in this quotation was based upon Eastem Fruit's gross sales. The dollar amount for the anticipated gross sales was obtained from Eastem Fruit's signed application from the prior term- policy i.e., $250,000. See, Exhibit 6 at B B201901321-655-000019. 21. On April 15, 2017 Andreoli, on behalf of Eastem Fruit, emailed Hull, requesting that Hull bind coverage based upon the March 14, 2017 quotation. A copy of Andreoli's email is annexed as part of Exhibit 12. 22. On April 17, 2017, Andreoli emailed Hull copies of the necessary renewal documentation, including (1) a copy of the "Policyholder Disclosure Notice of Terrorism Coverage" Insurance fonn a completed, dated and signed by Mr. Jhangir on behalf of Eastem Fruit (annexed as part of Exhibit 4); (2) an Acord application, completed and signed by Mr. 4 DM1\12305609.1 4 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 Jhangir on behalf of Eastem Fruit, a copy of which is annexed hereto as Edibit 13; (3) A notice of Excess Lines Placement, signed by Mr. Jhangir on behalf of Eastem Fruit, a copy of which is annexed hereto as Edibit and a completed Part C - Affidavit a 14; (4) by Producing Broker, copy of which is annexed hereto as Exhibit 15. 23. Just like the signed application for the 2016 Policy, the signed application for the 2017 Policy represented the exposure to be $250,000, which was the reported ariticipated gross sales. See, Edibit 13 at BB201901321-655-000047. Ifthe signed application had reported a different number for the anticipated gross sales, the premiums would have been recalculated based upon that revised number and we would have advised Andreoli of the same. Since the arecip d gross sales listed on the signed application was the same as that used in the quotation, no aqustments were made to the premium before coverage was bound. 24. In response to Andreoli's request, Hull bound coverage with Atlantic and Atlantic policy L146001424-2., was issued with effective dates from April 17, 2017 to April 17, 2017 (the "2017 Policy"). A copy of the binder for the 2017 Policy (without attachments) is annexed hereto as Edibit 16. A copy of the 2017 Policy, with all endorsements thereto is annexed hereto as Edibit 17. 25. A copy of Hull's email forwarding the 2017 Policy to Andreoli is anisxed hereto as Edibit 18. 26. Eastern Fruit paid the initial estimated premiums and associated taxes and fees in connection with the 2017 Policy. 27. To Morstan's knowledge, at no point did Eastem Fruit or Andreoli reject the 2017 Policy or request that itbe cancelled. 5 DM1\12305609.1 5 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 D. The Audit 28. Both the 2016 Policy and 2017 Policy were auditable pnlicies. This means that an estimated premium was charged at inception based upon the insured's estimated exposure (inthis case, Eastern Fruit's gross sales during the policy period). An audit is then performed after the end of the policy year to determine, among other things, the insured's actual gross sales and exposure and the insured is obligated to pay the difference between the estimated premium initially paid and the developed premium based upon the audit, along with the associated taxes and fees. 29. Following the end of the 2016 Policy temi Atlantic performed an audit to determine the full premium due in connection with the 2016 Policy. 30. Morstan was advised that the audit revealed that Eastem Fruit, in completing its application for the 2016 Policy, had substantially underestimated its exposure, resulting in the estimated premium charged to it being significantly lower than the actual premium due for the 2016 Policy period. 31. As a result, Hull, on behalf of Atlantic issued an endorsement to the 2016 Policy refiêcting an additional $67,357 in additional premiums, $2,424.85 in taxes and $121.24 in fees. A copy of this endorsement, is annexed as part of Edibit 10 atACIC 0062. 32. On July 19, 2017, Hull emailed a copy of this endorsernent, together with an Audit Cover Letter seeking payment of the additional premiums, to Andreoli. A copy of the Audit Cover Letter, seeking payment for the additional premiums, taxes and fees owed in connection with the 2016 Policy as a result of the audit is included as part of Exhibit 10 atACIC 0061. A copy of Hull's email transmitting the same to Andreoli is annexed hereto as Ekibit 19. 6 DM1\12305609.1 6 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 33. Based upon this audit, Hull also issued a change êñdarsement for the 2017 Policy, updating the estimated premium for the 2017 Policy to reflect Eastem Fruit's exposure, as reflected in the audit. This endorsement, which increased the estimated prernium for the 2017 Policy by $58,830, is annexed as part of Exhibit 17at ACIC 0124-0125. 34. On August 2, 2017, Hull emailed a copy of this endorsement, together with an Endorsement Cover Letter seeking payment of the additional premiums, to Andreoli. A copy of the Endorsement Cover Letter, seeking payment for the additional premiums, taxes and fees owed in connection with the 2017 Policy as a result of the audit is included as part of Exhibit 17 at ACIC 00123. A copy of Hull's email transmitting the same to Andreoli is annexed hereto as Exhibit 20. 35. To Morstan's knowledge, at no point did Eastem Fruit challenge the outcome of the Audit, the endorsements or the premiums sought in the July 19, 2017 Audit Cover Letter or August 2, 2017 Endorsement Cover Letter. 36. Despite efforts by Hull to collect these additional premiums from Eastern Fruit, to Morstan's knowledge, at no point did Eastem Fruit remit these additional premiums. 37. As a result, on October 9, 2017, a cance!!atinn endorsement was issued cancelling the 2017 Policy, effectivê October 3, 2017, a copy of which is annexed hereto as part of Exhibit 17at ACIC 0127. 38. Hull ultimately returned the audit to Atlantic for direct collection. Robe)t-doldfarb Sworn to before me this S day of An 2 . 2021 7 DM1\12305609.1 7 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 WALTERJ ALLEN NotaryPublic - State of New York No. 01AL6202242 Qualifiedin Nassau County My Commission Expires Mar 16, 2025 Public Notary 8 DM1\12305609.1 8 of 9 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 08/09/2021 WORD COUNT CERTIFICATION I hereby certify pursuant to 22 NYCRR 202.8-b that the total number of words in the within affirmation, inclusive of point headings and footnotes and exclusive of caption, signature blocks, and pages containing the table of contents, table of citations and this Statement is 1,935, which is in compliance with NYCRR 202.8-b. Dated: White Plains, New York August 9, 2021 KEIDEL, WELDON & CUNNINGHAM, LLP By: ________________________________ Robert W. Lewis Attorneys for Plaintiff Atlantic Insurance Co. 925 Westchester Avenue, Suite 400 White Plains, New York 10604 Tel: (914) 948-7000 Fax: (914) 948-7010 1 9 of 9