Preview
FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023
OLSK&D #: 225-0147 / 4880-6045-5736
SUPREME COURT OF THE STATE OF NEWYORK
COUNTY OF NEWYORK
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ASPEN SPECIALTY INSURANCE COMPANY,
FALLS LAKE NATIONAL INSURANCE Index No.: 656912/2022
COMPANY and HDI GLOBAL SPECIALTY SE,
Plaintiffs, RESPONSE TO NOTICE
TO PRODUCE
-against-
ASSOCIATED INDUSTRIES INSURANCE
COMPANY, INC. GREATER NEWYORK
MUTUAL INSURANCE COMPANY AND
GREEN SKYLINE APARTMENTS, LLC,
Defendants.
■x
Plaintiffs, ASPEN SPECIALTY INSURANCE COMPANY, FALLS LAKE
NATIONAL INSURANCE COMPANY, AND HDI GLOBAL SPECIALTY SE (collectively,
“Plaintiffs”) by and through their attorneys, LESTER SCHWAB KATZ & DWYER, LLP,
respond as follows to defendant GREATER NEW YORK MUTUAL INSURANCE
COMPANY’S notice to produce dated August 10, 2022:
DEFINITIONS
A. The term “’’Aspen” means and refers to plaintiff Aspen Specialty Insurance
Company and where applicable its affiliates, divisions, subgroups,
subsidiaries, parent corporations, area or regional offices, predecessors-
in-interest, successors, assignees, agents, intermediaries, legal
representatives, trustees, consultants, and all other representatives acting
on its behalf.
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B. The term “Falls Lake” means and refers to plaintiff Falls Lake National
Insurance Company and where applicable its members, affiliates,
divisions, subgroups, predecessors-in-interest, successors, assignees,
agents, intermediaries, legal representatives, program managers,
trustees, consultants, and all other representatives acting on its behalf.
C. The term “HDI Global” means or refers to plaintiff HDI Global Specialty SE
and where applicable, its affiliates, divisions, subgroups, subsidiaries,
parent corporations, area or regional offices, predecessors-in-interest,
successors, assignees, agents, intermediaries, legal representatives,
trustees, consultants, and all other representatives acting on its behalf.
D. The term “AIIC” means or refers to defendant Associated Industries
Insurance Company, Inc, and where applicable, its affiliates, divisions,
subgroups, subsidiaries, parent corporations, area or regional offices,
predecessors-in-interest, successors, assignees, agents, intermediaries,
legal representatives, trustees, consultants, and all other representatives
acting on its behalf.
E. The term “GNY” means or refers to defendant Greater New York Mutual
Insurance Company Mt. Hawley Insurance Company and where
applicable its affiliates, divisions, subgroups, subsidiaries, parent
corporations, area or regional offices, predecessors-in-interest,
successors, assignees, agents, intermediaries, legal representatives,
trustees, consultants, and all other representatives acting on its behalf.
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F. The term “Green Skyline” means or refers to defendant Green Skyline
Apartments LLC and where applicable its affiliates, divisions, subgroups,
subsidiaries, parent corporations, area or regional offices, predecessors-
in-interest, successors, assignees, agents, intermediaries, legal
representatives, trustees, consultants, and all other representatives acting
on its behalf.
G. “HDI Policy” means or refers to a CGL policy issued by HDI Global to Green
Skylines under policy number CAS000311/1900 with liability limits of $1
million per occurrence and $2 million in the aggregate, subject to a $5,000
deductible, in effect from February 8, 2019 to February 8, 2020.
H. “Aspen Policy” means or refers to a policy of commercial general liability
(“CGL”) insurance issued by Aspen to the Commercial Industrial Building
Owners Alliance, Inc. under policy number CR00C0W19, with liabilitylimits of
$1,000,000 per occurrence, and a $2,000,000 annual aggregate. Green
Skyline is a named insured on the Aspen effective February 8, 2020 to
February 8, 2021 subject to a $10,000 deductible.
I. “Falls Lake Policy” means or refers to a CGL policy issued by Falls Lake
to the Commercial Industrial Building Owners Alliance, Inc. under policy
number Cl BA-000004-00, with liability limits of $1,000,000 per occurrence,
and a $2,000,000 annual aggregate. Green Skyline is a named insured on
the Falls Lake Policy effective February 8, 2021 to February 8, 2022 subject
to a $1,000 deductible.
J. “AIIC Policies” means or refers to CGL policies issued by AIIC to Green
Skylines under (i) policy number AES1044781 00 with liability limits of $1
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million per occurrence and $2 million in the aggregate, subject to a $1,000
deductible, in effect from February 8, 2017 to February 8, 2018, and (ii)
policy number AES1044781 01 with liability limits of $1 million per
occurrence and $2 million in the aggregate, subject to a $1,000
deductible, in effect from February 8, 2018 to February 8, 2019.
K. “GNY Policy” means or refers to a CGL policy issued by The Insurance
Company of Greater New York to Green Skylines under policy number
6131M28368 with liability limits of $1 million per occurrence and $2 million
in the aggregate, subject to a $3,000 deductible, in effect from December
1,2016 to February 8, 2017.
L. “Underlying Action” means and refers to the class action lawsuit pending
in the Supreme Court of the State of New York, Onondaga County,
entitled Carter v. Green Skyline Apartments LLC (Index No. 5036/2021).
GENERAL OBJECTIONS
Plaintiffs’ response to each and every Document Request herein is made subject
to and without waiving the following general objections:
A. The following answers are based upon plaintiffs’ knowledge and the
documents and information available to them as of the date of these answers and
constitute a good faith effort to supply as much factual information as is now presently
available to them. Plaintiffs specifically reserve the right to amend, modify and/or
supplement the within answers/objections.
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B. In responding AIIC’s Document Requests plaintiffs do not waive, or intend
to waive, but rather hereby expressly preserve:
i. allobjections as to competency, relevancy, materiality and admissibility;
ii. all rights to object on any ground to the use in any proceeding, including
trial of this or any other action, of any of the answers or documents
referenced herein; and
iii. all rights to object on any ground to future discovery requests.
C. Plaintiffs object to the Document Requests to the extent they seek
information protected from discovery by the attorney-client privilege, the work product
doctrine, or any other judicially recognized protection or privilege applicable to any
requested information.
D. Plaintiffs assert a blanket claim of privilege as to information post-dating
the receipt of AIIC’s denial of coverage for Green Sklyine, which is subject to the work
product doctrine and all or almost all of which is subject to the attorney-client privilege.
E. Plaintiffs object to the Document Requests to the extent they seek
information which is not relevant to the subject matter involved in the pending action,
nor admissible or reasonably calculated to lead to the discovery of admissible evidence.
RESPONSES TO DOCUMENT DEMANDS
1 Copies of all pleadings, motion papers, discovery demands and responses
thereto, notices to admit, notices of claim, 50-H transcripts, and deposition
transcripts exchanged in the underlying matter.
RESPONSE: Plaintiffs object to Request No. 1 as unduly burdensome,
overbroad and seeking documents which are not relevant or calculated to lead to the
discovery of admissible evidence. Additionally, pleadings and motion papers are
equally accessible to GNY’s counsel via NYSCEF. Without waiving those objections,
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plaintiffs agree to produce copies of pleadings filed in the Underlying Action as well as
motion papers with regard to the underlying class plaintiffs’ motion for class certification.
2 True and complete copies of any and all insurance policies, including
underlying, umbrella and excess polices issued to the Green Skyline
Apartments by plaintiff, ASPEN SPECIALTY INSURANCE COMPANY, in
effect from January 1, 2015 to present.
RESPONSE: Plaintiffs object to Request No. 2 as vague and ambiguous.
Without waiving those objections, Aspen will produce responsive documents.
3 True and complete copies of any and all insurance policies, including
underlying, umbrella and excess polices issued to the Green Skyline
Apartments by plaintiff, FALLS LAKE NATIONAL INSURANCE COMPANY,
in effect from January 1, 2015 to present.
RESPONSE: Plaintiffs object to Request No. 3 as vague and ambiguous.
Without waiving those objections, Falls Lake will produce responsive documents.
4 True and complete copies of any and all insurance policies, including
underlying, umbrella and excess polices issued to the Green Skyline
Apartments by plaintiff, HDI GLOBAL SPECIALTY SE, in effect from
January 1, 2015 to present.
RESPONSE: Plaintiffs object to Request No. 4 as vague and ambiguous.
Without waiving those objections, HDI Global will produce responsive documents.
5 True and complete copies of all the claims files for each policy identified in
response to demands 2-4, with a proper privilege log for any material
withheld on any basis.
RESPONSE: Plaintiffs object to Request No. 5 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence, and materials subject to
attorney-client privilege, work-product immunity and which discuss sensitive and
confidential information about case reserves and reinsurance. GNY’s duty to defend is
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triggered solely by the language of the GNY Policy, plus inter alia, pleadings and
affidavits from the Underlying Action. Without waiving these objections, plaintiffs will
produce responsive, non-privileged, non-work product portions of its claims files.
6 True and complete copies of any and all certificates of insurance in any of
the parties’ possession, that evidence coverage in effect for any party
hereto from January 1, 2015 to present.
RESPONSE: Plaintiffs object to Request No. 6 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus inter alia pleadings and
affidavits from the Underlying Action. Without waiving that objection, plaintiffs will
produce responsive documents in their possession, if any.
7 Copies of any and all correspondence, documents or papers of any kind
directed to plaintiff, ASPEN SPECIALTY INSURANCE COMPANY, their
agents or representatives informing each or any of them of the underlying
incident involving plaintiffs Martina S. Carter, Anne M. McCheyne &
Lawrence I.Fuller.
RESPONSE: Plaintiffs object to Request No. 7 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus inter alia pleadings and
affidavits from the Underlying Action. Moreover Request No. 7 is vague and ambiguous
as to the meaning of the term “underlying incident.” Without waiving its objections
plaintiffs will produce responsive documents.
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8. Copies of any and all correspondence, documents or papers of any kind
directed to plaintiff, FALLS LAKE NATIONAL INSURANCE COMPANY, their
agents or representatives informing each or any of them of the underlying
incident involving plaintiffs Martina S. Carter, Anne M. McCheyne &
Lawrence I.Fuller.
RESPONSE: Plaintiffs object to Request No. 8 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus inter alia, pleadings from the
Underlying Action and affidavits submitted in support of the motion for class
certification. Moreover Request No. 8 is vague and ambiguous as to the meaning of
the term “underlying incident.” Without waiving its objections, plaintiffs will produce
responsive documents.
9 Copies of any and all correspondence, documents or papers of any kind
directed to plaintiff, HDI GLOBAL SPECIALTY SE, their agents or
representatives informing each or any of them of the underlying incident
involving plaintiffs Martina S. Carter, Anne M. McCheyne & Lawrence I.
Fuller.
RESPONSE: Plaintiffs object to Request No. 9 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus inter alia, pleadings and
affidavits from the Underlying Action. Moreover, Request No. 9 is vague and
ambiguous as to the meaning of the term “underlying incident.” Without waiving its
objections, Plaintiffs will produce responsive documents.
10 Copies of any and all correspondence, documents or papers of any kind
directed to defendant, ASSOCIATED INDUSTRIES INSURANCE COMPANY,
their agents or representatives informing each or any of them of the
underlying incident involving plaintiffs Martina S. Carter, Anne M.
McCheyne & Lawrence I.Fuller.
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RESPONSE: Plaintiffs object to Request No. 10 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus, inter alia, pleadings and
affidavits from the Underlying Action. Moreover Request No. 10 is vague and
ambiguous as to the meaning of the term “underlying incident.” Without waiving those
objections, Plaintiffs will produce responsive documents.
11 Copies of all correspondence, memorandum or other documents sent by or
on behalf of Green Skyline Apartments, LLC, or their administrator(s),
agent(s), or representative(s) to any insurance carrier, tendering their
defense for the underlying incident involving plaintiffs Martina S. Carter,
Anne M. McCheyne, & Lawrence I. Fuller.
RESPONSE: Plaintiffs object to Request No. 11 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus, inter alia, pleadings and
affidavits from the Underlying Action. Moreover, Request No. 11 is vague and
ambiguous as to the meaning of the phrase “tendering their defense for the underlying
incident.” Without waiving those objections, Plaintiffs will produce responsive
documents.
12 Copies of all correspondence memorandum or other documents received
by or on behalf of the parties herein in response to the correspondence
referenced in response to questions 7 and 11.
RESPONSE: Plaintiffs object to Request No. 12 as vague and ambiguous and as
seeking irrelevant materials, not calculated to lead to the discovery of admissible
evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy,
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plus inter alia, pleadings and affidavits from the Underlying Action. Without waiving
those objections, Plaintiffs will produce responsive documents.
13 Copies of all proofs of mailing, proof of receipt, signed certified receipt
cards, and fax confirmation sheets for the correspondence, memorandum
or other notice documents referenced in response to questions 7 through
11 above.
RESPONSE: Plaintiffs object to Request No. 13 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. Without waiving those
objections, Plaintiffs will produce responsive documents in their possession.
14 All photographs, videos, and other depictions that document the
conditions outlined in the underlying plaintiffs’ complaint.
RESPONSE: Plaintiffs object to Request No. 14 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus, inter alia, pleadings and
affidavits from the Underlying Action. Without waiving those objections, plaintiffs will
produce depictions in news media of the conditions outlined in the underlying plaintiffs’
complaint.
15 Copies of any statements taken of the underlying plaintiffs, Martina S.
Carter, Anne M. McCheyne & Lawrence Fuller with respect to the
conditions outlined in the underlying plaintiffs’ complaint.
RESPONSE: Plaintiffs object to Request No. 15 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus inter alia, pleadings and
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affidavits from the Underlying Action. Plaintiffs also object to Request No. 15 as
seeking work product materials protected from discovery.
16 Copies of all correspondence, memorandum or other documents received
by any of the parties herein providing the first notice of the conditions
outlined in the underlying plaintiffs complaint.
RESPONSE: Plaintiffs object to Request No. 16 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is
triggered solely by the language of the GNY Policy, plus inter alia pleadings and
affidavits from the Underlying Action. Without waiving its objections, plaintiffs will
produce responsive documents.
17 Copies of all correspondence, memorandum or other documents sent by
any party hereto, taking a position on coverage with respect to any party
hereto, including coverage acknowledgments, denials, reservations of
rights and position letters.
RESPONSE: Plaintiffs object to Request No. 17 as seeking irrelevant materials,
not calculated to lead to the discovery of admissible evidence. Without waiving those
objections, Plaintiffs will produce responsive documents.
18 Complete copy of any correspondence, documents or papers of any kind
directed to Green Skyline Apartments, its agents or representatives in
connection with the allegations made in the underlying complaint.
RESPONSE: Plaintiffs object to Request No. 18 as overbroad, vague and
ambiguous, and as seeking irrelevant materials, not calculated to lead to the discovery
of admissible evidence. Moreover, Request No. 18 seeks work product materials
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created in anticipation of litigation or settlement. Without waiving those objections,
Plaintiffs will produce responsive, non-privileged, non-work-product documents.
19 Complete copies of any coverage related correspondence, documents or
papers of any kind between the responding defendant and Green Skyline
Apartments.
RESPONSE: Plaintiffs object to Request No. 19 as incomprehensible, vague and
ambiguous as to the meaning of the term “responding defendant,” and as seeking
irrelevant materials, not calculated to lead to the discovery of admissible evidence.
Without waiving those objections, Plaintiffs will produce non-privileged, non-work-
product coverage related correspondence in their possession.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §3101(h), the
plaintiffs ASPEN SPECIALTY INSURANCE COMPANY, FALLS LAKE NATIONAL
INSURANCE COMPANY, AND HDI GLOBAL SPECIALTY SE, reserve the right to
supplement and/or amend their response to this demand should further information
become available up to and including the time of trial herein.
Dated: New York, New York
December 2, 2022
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Yours, etc.
LESTER SCHWAB KATZ & DWYER, LLP
Jonathan Glasser
Eric A. Portuguese
Attorneys for Plaintiffs
ASPEN SPECIALTY INSURANCE COMPANY,
FALLS LAKE NATIONAL INSURANCE
COMPANY, AND HDI GLOBAL SPECIALTY SE,
100 Wall Street
New York, New York 10005
(212) 964-6611
TO:
Green Skyline Apartments, LLC
P.O. Box 1048
Skaneateles, NY 13152
William J. Mitchell, Esq.
BONGIORNO, MONTIGLIO, MITCHELL
& PALMIERI, PLLC
200 Old Country Road, Suite 680
Mineola, New York 11501
Attorneys for Defendant
GREATER NEW YORK
MUTUAL INSURANCE COMPANY
(516) 620-4490
Max W. Gershweir, Esq.
KENNEDYS CMK LLP
570 Lexington Avenue - 8th Floor
New York, New York 10022
Attorneys for Defendant
ASSOCIATED INDUSTRIES
(640) 625-4000
13
Preview
FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 OLSK&D #: 225-0147 / 4880-6045-5736 SUPREME COURT OF THE STATE OF NEWYORK COUNTY OF NEWYORK -----------------------------------------------------------------------------x ASPEN SPECIALTY INSURANCE COMPANY, FALLS LAKE NATIONAL INSURANCE Index No.: 656912/2022 COMPANY and HDI GLOBAL SPECIALTY SE, Plaintiffs, RESPONSE TO NOTICE TO PRODUCE -against- ASSOCIATED INDUSTRIES INSURANCE COMPANY, INC. GREATER NEWYORK MUTUAL INSURANCE COMPANY AND GREEN SKYLINE APARTMENTS, LLC, Defendants. ■x Plaintiffs, ASPEN SPECIALTY INSURANCE COMPANY, FALLS LAKE NATIONAL INSURANCE COMPANY, AND HDI GLOBAL SPECIALTY SE (collectively, “Plaintiffs”) by and through their attorneys, LESTER SCHWAB KATZ & DWYER, LLP, respond as follows to defendant GREATER NEW YORK MUTUAL INSURANCE COMPANY’S notice to produce dated August 10, 2022: DEFINITIONS A. The term “’’Aspen” means and refers to plaintiff Aspen Specialty Insurance Company and where applicable its affiliates, divisions, subgroups, subsidiaries, parent corporations, area or regional offices, predecessors- in-interest, successors, assignees, agents, intermediaries, legal representatives, trustees, consultants, and all other representatives acting on its behalf. FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 B. The term “Falls Lake” means and refers to plaintiff Falls Lake National Insurance Company and where applicable its members, affiliates, divisions, subgroups, predecessors-in-interest, successors, assignees, agents, intermediaries, legal representatives, program managers, trustees, consultants, and all other representatives acting on its behalf. C. The term “HDI Global” means or refers to plaintiff HDI Global Specialty SE and where applicable, its affiliates, divisions, subgroups, subsidiaries, parent corporations, area or regional offices, predecessors-in-interest, successors, assignees, agents, intermediaries, legal representatives, trustees, consultants, and all other representatives acting on its behalf. D. The term “AIIC” means or refers to defendant Associated Industries Insurance Company, Inc, and where applicable, its affiliates, divisions, subgroups, subsidiaries, parent corporations, area or regional offices, predecessors-in-interest, successors, assignees, agents, intermediaries, legal representatives, trustees, consultants, and all other representatives acting on its behalf. E. The term “GNY” means or refers to defendant Greater New York Mutual Insurance Company Mt. Hawley Insurance Company and where applicable its affiliates, divisions, subgroups, subsidiaries, parent corporations, area or regional offices, predecessors-in-interest, successors, assignees, agents, intermediaries, legal representatives, trustees, consultants, and all other representatives acting on its behalf. 2 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 F. The term “Green Skyline” means or refers to defendant Green Skyline Apartments LLC and where applicable its affiliates, divisions, subgroups, subsidiaries, parent corporations, area or regional offices, predecessors- in-interest, successors, assignees, agents, intermediaries, legal representatives, trustees, consultants, and all other representatives acting on its behalf. G. “HDI Policy” means or refers to a CGL policy issued by HDI Global to Green Skylines under policy number CAS000311/1900 with liability limits of $1 million per occurrence and $2 million in the aggregate, subject to a $5,000 deductible, in effect from February 8, 2019 to February 8, 2020. H. “Aspen Policy” means or refers to a policy of commercial general liability (“CGL”) insurance issued by Aspen to the Commercial Industrial Building Owners Alliance, Inc. under policy number CR00C0W19, with liabilitylimits of $1,000,000 per occurrence, and a $2,000,000 annual aggregate. Green Skyline is a named insured on the Aspen effective February 8, 2020 to February 8, 2021 subject to a $10,000 deductible. I. “Falls Lake Policy” means or refers to a CGL policy issued by Falls Lake to the Commercial Industrial Building Owners Alliance, Inc. under policy number Cl BA-000004-00, with liability limits of $1,000,000 per occurrence, and a $2,000,000 annual aggregate. Green Skyline is a named insured on the Falls Lake Policy effective February 8, 2021 to February 8, 2022 subject to a $1,000 deductible. J. “AIIC Policies” means or refers to CGL policies issued by AIIC to Green Skylines under (i) policy number AES1044781 00 with liability limits of $1 3 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 million per occurrence and $2 million in the aggregate, subject to a $1,000 deductible, in effect from February 8, 2017 to February 8, 2018, and (ii) policy number AES1044781 01 with liability limits of $1 million per occurrence and $2 million in the aggregate, subject to a $1,000 deductible, in effect from February 8, 2018 to February 8, 2019. K. “GNY Policy” means or refers to a CGL policy issued by The Insurance Company of Greater New York to Green Skylines under policy number 6131M28368 with liability limits of $1 million per occurrence and $2 million in the aggregate, subject to a $3,000 deductible, in effect from December 1,2016 to February 8, 2017. L. “Underlying Action” means and refers to the class action lawsuit pending in the Supreme Court of the State of New York, Onondaga County, entitled Carter v. Green Skyline Apartments LLC (Index No. 5036/2021). GENERAL OBJECTIONS Plaintiffs’ response to each and every Document Request herein is made subject to and without waiving the following general objections: A. The following answers are based upon plaintiffs’ knowledge and the documents and information available to them as of the date of these answers and constitute a good faith effort to supply as much factual information as is now presently available to them. Plaintiffs specifically reserve the right to amend, modify and/or supplement the within answers/objections. 4 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 B. In responding AIIC’s Document Requests plaintiffs do not waive, or intend to waive, but rather hereby expressly preserve: i. allobjections as to competency, relevancy, materiality and admissibility; ii. all rights to object on any ground to the use in any proceeding, including trial of this or any other action, of any of the answers or documents referenced herein; and iii. all rights to object on any ground to future discovery requests. C. Plaintiffs object to the Document Requests to the extent they seek information protected from discovery by the attorney-client privilege, the work product doctrine, or any other judicially recognized protection or privilege applicable to any requested information. D. Plaintiffs assert a blanket claim of privilege as to information post-dating the receipt of AIIC’s denial of coverage for Green Sklyine, which is subject to the work product doctrine and all or almost all of which is subject to the attorney-client privilege. E. Plaintiffs object to the Document Requests to the extent they seek information which is not relevant to the subject matter involved in the pending action, nor admissible or reasonably calculated to lead to the discovery of admissible evidence. RESPONSES TO DOCUMENT DEMANDS 1 Copies of all pleadings, motion papers, discovery demands and responses thereto, notices to admit, notices of claim, 50-H transcripts, and deposition transcripts exchanged in the underlying matter. RESPONSE: Plaintiffs object to Request No. 1 as unduly burdensome, overbroad and seeking documents which are not relevant or calculated to lead to the discovery of admissible evidence. Additionally, pleadings and motion papers are equally accessible to GNY’s counsel via NYSCEF. Without waiving those objections, 5 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 plaintiffs agree to produce copies of pleadings filed in the Underlying Action as well as motion papers with regard to the underlying class plaintiffs’ motion for class certification. 2 True and complete copies of any and all insurance policies, including underlying, umbrella and excess polices issued to the Green Skyline Apartments by plaintiff, ASPEN SPECIALTY INSURANCE COMPANY, in effect from January 1, 2015 to present. RESPONSE: Plaintiffs object to Request No. 2 as vague and ambiguous. Without waiving those objections, Aspen will produce responsive documents. 3 True and complete copies of any and all insurance policies, including underlying, umbrella and excess polices issued to the Green Skyline Apartments by plaintiff, FALLS LAKE NATIONAL INSURANCE COMPANY, in effect from January 1, 2015 to present. RESPONSE: Plaintiffs object to Request No. 3 as vague and ambiguous. Without waiving those objections, Falls Lake will produce responsive documents. 4 True and complete copies of any and all insurance policies, including underlying, umbrella and excess polices issued to the Green Skyline Apartments by plaintiff, HDI GLOBAL SPECIALTY SE, in effect from January 1, 2015 to present. RESPONSE: Plaintiffs object to Request No. 4 as vague and ambiguous. Without waiving those objections, HDI Global will produce responsive documents. 5 True and complete copies of all the claims files for each policy identified in response to demands 2-4, with a proper privilege log for any material withheld on any basis. RESPONSE: Plaintiffs object to Request No. 5 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence, and materials subject to attorney-client privilege, work-product immunity and which discuss sensitive and confidential information about case reserves and reinsurance. GNY’s duty to defend is 6 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 triggered solely by the language of the GNY Policy, plus inter alia, pleadings and affidavits from the Underlying Action. Without waiving these objections, plaintiffs will produce responsive, non-privileged, non-work product portions of its claims files. 6 True and complete copies of any and all certificates of insurance in any of the parties’ possession, that evidence coverage in effect for any party hereto from January 1, 2015 to present. RESPONSE: Plaintiffs object to Request No. 6 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus inter alia pleadings and affidavits from the Underlying Action. Without waiving that objection, plaintiffs will produce responsive documents in their possession, if any. 7 Copies of any and all correspondence, documents or papers of any kind directed to plaintiff, ASPEN SPECIALTY INSURANCE COMPANY, their agents or representatives informing each or any of them of the underlying incident involving plaintiffs Martina S. Carter, Anne M. McCheyne & Lawrence I.Fuller. RESPONSE: Plaintiffs object to Request No. 7 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus inter alia pleadings and affidavits from the Underlying Action. Moreover Request No. 7 is vague and ambiguous as to the meaning of the term “underlying incident.” Without waiving its objections plaintiffs will produce responsive documents. 7 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 8. Copies of any and all correspondence, documents or papers of any kind directed to plaintiff, FALLS LAKE NATIONAL INSURANCE COMPANY, their agents or representatives informing each or any of them of the underlying incident involving plaintiffs Martina S. Carter, Anne M. McCheyne & Lawrence I.Fuller. RESPONSE: Plaintiffs object to Request No. 8 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus inter alia, pleadings from the Underlying Action and affidavits submitted in support of the motion for class certification. Moreover Request No. 8 is vague and ambiguous as to the meaning of the term “underlying incident.” Without waiving its objections, plaintiffs will produce responsive documents. 9 Copies of any and all correspondence, documents or papers of any kind directed to plaintiff, HDI GLOBAL SPECIALTY SE, their agents or representatives informing each or any of them of the underlying incident involving plaintiffs Martina S. Carter, Anne M. McCheyne & Lawrence I. Fuller. RESPONSE: Plaintiffs object to Request No. 9 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus inter alia, pleadings and affidavits from the Underlying Action. Moreover, Request No. 9 is vague and ambiguous as to the meaning of the term “underlying incident.” Without waiving its objections, Plaintiffs will produce responsive documents. 10 Copies of any and all correspondence, documents or papers of any kind directed to defendant, ASSOCIATED INDUSTRIES INSURANCE COMPANY, their agents or representatives informing each or any of them of the underlying incident involving plaintiffs Martina S. Carter, Anne M. McCheyne & Lawrence I.Fuller. 8 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 RESPONSE: Plaintiffs object to Request No. 10 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus, inter alia, pleadings and affidavits from the Underlying Action. Moreover Request No. 10 is vague and ambiguous as to the meaning of the term “underlying incident.” Without waiving those objections, Plaintiffs will produce responsive documents. 11 Copies of all correspondence, memorandum or other documents sent by or on behalf of Green Skyline Apartments, LLC, or their administrator(s), agent(s), or representative(s) to any insurance carrier, tendering their defense for the underlying incident involving plaintiffs Martina S. Carter, Anne M. McCheyne, & Lawrence I. Fuller. RESPONSE: Plaintiffs object to Request No. 11 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus, inter alia, pleadings and affidavits from the Underlying Action. Moreover, Request No. 11 is vague and ambiguous as to the meaning of the phrase “tendering their defense for the underlying incident.” Without waiving those objections, Plaintiffs will produce responsive documents. 12 Copies of all correspondence memorandum or other documents received by or on behalf of the parties herein in response to the correspondence referenced in response to questions 7 and 11. RESPONSE: Plaintiffs object to Request No. 12 as vague and ambiguous and as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, 9 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 plus inter alia, pleadings and affidavits from the Underlying Action. Without waiving those objections, Plaintiffs will produce responsive documents. 13 Copies of all proofs of mailing, proof of receipt, signed certified receipt cards, and fax confirmation sheets for the correspondence, memorandum or other notice documents referenced in response to questions 7 through 11 above. RESPONSE: Plaintiffs object to Request No. 13 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. Without waiving those objections, Plaintiffs will produce responsive documents in their possession. 14 All photographs, videos, and other depictions that document the conditions outlined in the underlying plaintiffs’ complaint. RESPONSE: Plaintiffs object to Request No. 14 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus, inter alia, pleadings and affidavits from the Underlying Action. Without waiving those objections, plaintiffs will produce depictions in news media of the conditions outlined in the underlying plaintiffs’ complaint. 15 Copies of any statements taken of the underlying plaintiffs, Martina S. Carter, Anne M. McCheyne & Lawrence Fuller with respect to the conditions outlined in the underlying plaintiffs’ complaint. RESPONSE: Plaintiffs object to Request No. 15 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus inter alia, pleadings and 10 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 affidavits from the Underlying Action. Plaintiffs also object to Request No. 15 as seeking work product materials protected from discovery. 16 Copies of all correspondence, memorandum or other documents received by any of the parties herein providing the first notice of the conditions outlined in the underlying plaintiffs complaint. RESPONSE: Plaintiffs object to Request No. 16 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. GNY’s duty to defend is triggered solely by the language of the GNY Policy, plus inter alia pleadings and affidavits from the Underlying Action. Without waiving its objections, plaintiffs will produce responsive documents. 17 Copies of all correspondence, memorandum or other documents sent by any party hereto, taking a position on coverage with respect to any party hereto, including coverage acknowledgments, denials, reservations of rights and position letters. RESPONSE: Plaintiffs object to Request No. 17 as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. Without waiving those objections, Plaintiffs will produce responsive documents. 18 Complete copy of any correspondence, documents or papers of any kind directed to Green Skyline Apartments, its agents or representatives in connection with the allegations made in the underlying complaint. RESPONSE: Plaintiffs object to Request No. 18 as overbroad, vague and ambiguous, and as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. Moreover, Request No. 18 seeks work product materials 11 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 created in anticipation of litigation or settlement. Without waiving those objections, Plaintiffs will produce responsive, non-privileged, non-work-product documents. 19 Complete copies of any coverage related correspondence, documents or papers of any kind between the responding defendant and Green Skyline Apartments. RESPONSE: Plaintiffs object to Request No. 19 as incomprehensible, vague and ambiguous as to the meaning of the term “responding defendant,” and as seeking irrelevant materials, not calculated to lead to the discovery of admissible evidence. Without waiving those objections, Plaintiffs will produce non-privileged, non-work- product coverage related correspondence in their possession. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §3101(h), the plaintiffs ASPEN SPECIALTY INSURANCE COMPANY, FALLS LAKE NATIONAL INSURANCE COMPANY, AND HDI GLOBAL SPECIALTY SE, reserve the right to supplement and/or amend their response to this demand should further information become available up to and including the time of trial herein. Dated: New York, New York December 2, 2022 12 FILED: NEW YORK COUNTY CLERK 01/18/2023 10:26 AM INDEX NO. 656912/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/18/2023 Yours, etc. LESTER SCHWAB KATZ & DWYER, LLP Jonathan Glasser Eric A. Portuguese Attorneys for Plaintiffs ASPEN SPECIALTY INSURANCE COMPANY, FALLS LAKE NATIONAL INSURANCE COMPANY, AND HDI GLOBAL SPECIALTY SE, 100 Wall Street New York, New York 10005 (212) 964-6611 TO: Green Skyline Apartments, LLC P.O. Box 1048 Skaneateles, NY 13152 William J. Mitchell, Esq. BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC 200 Old Country Road, Suite 680 Mineola, New York 11501 Attorneys for Defendant GREATER NEW YORK MUTUAL INSURANCE COMPANY (516) 620-4490 Max W. Gershweir, Esq. KENNEDYS CMK LLP 570 Lexington Avenue - 8th Floor New York, New York 10022 Attorneys for Defendant ASSOCIATED INDUSTRIES (640) 625-4000 13