Preview
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022
EXHIBIT D
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022
Claim Number: OAA93249801-00001
____.---------------__.-------_______-___.----------------------
Stipulation of Settlement
Index Number: 801557/2013
In the matter of
the Liquidation of Bedivere Insurance Company
___________..-------------------._____________---------....._____.-----
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
__________________________________._______________________
Michael Wozniak
Plaintiff(s)
vs.
HLM Holdings, LLC, E I Team, Inc. and Niagara Mohawk
Power Corporation d/b/a National Grid
Defendant(s)
----_____-__________________________________________
IT IS HEREBY STIPULATED AND AGREED by and between Brown
Chiari, LLP , attorney for the Plaintiff, and the Superintendent as
Liquidator of Bedivere Insurance Company
by her counsel that,
WHEREAS, the Defendant's insurer, Bedivere Insurance Company
has been found insolvent and a receivership proceeding has been commenced pursuant to Article
74 of the New York Insurance Law;
WHEREAS, the Property/Casualty Insurance Security Fund and the Public Motor
Vehicle Liability Security Fund, are maintained pursuant to Article 76 of the Insurance Law, are
available to pay certain claims against an insolvent carrier.
WHEREAS, it has been determined, subject to the approval of the Superintendent or of the
court supervising the receivership proceeding, that the above captioned action or claim is
payable from one of the foregoing funds;
NOW THEREFORE, this action is settled subject to the approval of the Superintendent or
of the court supervising the receivership proceeding on the following terms:
IT IS STIPULATED AND AGREED, that the settlement amount in the sum of
Two Hundred Ten Thousand dollars ($210,000.00)
(the "Settlement Amount"), is to be recommended for allowance pursuant to
Articles 74 and 76 of the New York Insurance Law, by the
Superintendent of Financial Services as (X) Liquidator,
( ) Rehabilitator, ( ) Ancillary Receiver in the
(X) liquidation, ( ) rehabilitation,
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022
Pg. 2
Stipulation of Settlement
( ) ancillary receivership proceeding of Bedivere Insurance Company
IT IS FURTHER STIPULATED AND AGREED, that the Plaintiff(s) understand(s) and
accept(s) that the payment of the Settlement Amount and the resolution of this claim is
subject to and effective only upon the approval of the Superintendent or of the court
supervising the receivership proceeding; and
IT IS FURTHER STIPULATED AND AGREED, that payment of this claim in the above
stated Settlement Amount, shall be made pursuant to New York Insurance Law Articles 74 and
76; and
IT IS FURTHER STIPULATED AND AGREED, that the Plaintiff(s) understand(s) and
accept(s) that there may be significant delay in payment of the Settlement Amount to Plaintiff
and the Plaintiff will not seek to vacate the settlement based on such delay; and
IT IS FURTHER STIPULATED AND AGREED, that the Plaintiff(s) and his, her, it's or their
attorney(s) will provide any and all documents required by the New York Liquidation Bureau to
process the claim for allowance; and
IT IS FURTHER STIPULATED AND AGREED, by and on behalf of the Plaintiff(s) in this .
action, in consideration of the settlement of this action, as follows:
1. Plaintiff(s) and counsel for Plaintiff(s) have performed a diligent search of their
files, and have disclosed all liens in connection with this matter. Furthermore, Plaintiff(s) and
counsel for Plaintiff(s) have not received notice of any liens that have been asserted against the
proceeds of this settlement, other than as previously disclosed;
2. Plaintiff(s) will defend, indemnify and hold harmless, HLM Holdings, LLC
and E I Team, Inc. , the Superintendent of Financial Services as Receiver of Bedivere Insurance
Company, Bedivere Insurance Company in liquidation, the New York Liquidation Bureau and
counsel for Defendant(s) against any lien, claim or action arising from the settlement or asserted
against the settlement proceeds, including any lien that Plaintiff(s) and/or counsel for Plaintiff(s)
may assert hereafter in respect of the settlement proceeds;
3. Plaintiff(s) have disclosed to the New York Liquidation Bureau any and all
workers'
compensation benefits received in connection with the acts or omissions that are the
subject of the above captioned action or the claim being resolved pursuant to this stipulation of
settlement.
4. Plaintiff(s) will have the sole responsibility to satisfy any lien or claim asserted
against the settlement proceeds or arising from the settlement, including but not limited to CMS,
Medicare, or Medicare Secondary Payor Recovery Contract; in the event of the existence of any
obligation of the Plaintiffs to create and fund a Medicare set aside trust or account, it is
understood and agreed that the Plaintiffs shall be responsible to satisfy any and all such
requirements, and the Plaintiff shall indemnify and hold harmless HLM Holdings, LLC and E I
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022
Pg. 3
Stipulation of Settlement
Team, Inc., Superintendent of Financial Services as receiver of Bedivere Insurance Company,
Bedivere Insurance Company in liquidation, the New York Liquidation Bureau and counsel for
Defendants from any and all claims made by Center for Medicare and Medicaid Services (CMS),
and/or under the Medicare Secondary Payor Recovery Contract, whether such claims have been
made, or are in the future made; and
IT IS FURTHER STIPULATED AND AGREED, that this settlement will not be reduced to a
judgment, and that Plaintiff(s) will neither enter nor enforce any judgment against the
Defendant(s) arising out of the underlying occurrence; and
IT IS FURTHER STIPULATED AND AGREED, that this settlement agreement is subject to
CPLR §5003-a(f).
Date: 080h it 3 . 10Z Z.
New York, New York
c2 [signature]
By: Michael Wo lak
Plaintiff(s)
[signature]
By:
Name of Firm: Brown Chiari LLP
Attorney(s) for Plaintiff(s)
STEPHANIE BLATTMACHR, counsel to the
[Liquidator/Ancillary Receiver]
By:
Print N e: Jack Franceschetti
Title: Attorney
Stipulation of Settlement
In Litigation
With Hold Harmless
Revised 8-6-2013
Preview
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022 EXHIBIT D FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022 Claim Number: OAA93249801-00001 ____.---------------__.-------_______-___.---------------------- Stipulation of Settlement Index Number: 801557/2013 In the matter of the Liquidation of Bedivere Insurance Company ___________..-------------------._____________---------....._____.----- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE __________________________________._______________________ Michael Wozniak Plaintiff(s) vs. HLM Holdings, LLC, E I Team, Inc. and Niagara Mohawk Power Corporation d/b/a National Grid Defendant(s) ----_____-__________________________________________ IT IS HEREBY STIPULATED AND AGREED by and between Brown Chiari, LLP , attorney for the Plaintiff, and the Superintendent as Liquidator of Bedivere Insurance Company by her counsel that, WHEREAS, the Defendant's insurer, Bedivere Insurance Company has been found insolvent and a receivership proceeding has been commenced pursuant to Article 74 of the New York Insurance Law; WHEREAS, the Property/Casualty Insurance Security Fund and the Public Motor Vehicle Liability Security Fund, are maintained pursuant to Article 76 of the Insurance Law, are available to pay certain claims against an insolvent carrier. WHEREAS, it has been determined, subject to the approval of the Superintendent or of the court supervising the receivership proceeding, that the above captioned action or claim is payable from one of the foregoing funds; NOW THEREFORE, this action is settled subject to the approval of the Superintendent or of the court supervising the receivership proceeding on the following terms: IT IS STIPULATED AND AGREED, that the settlement amount in the sum of Two Hundred Ten Thousand dollars ($210,000.00) (the "Settlement Amount"), is to be recommended for allowance pursuant to Articles 74 and 76 of the New York Insurance Law, by the Superintendent of Financial Services as (X) Liquidator, ( ) Rehabilitator, ( ) Ancillary Receiver in the (X) liquidation, ( ) rehabilitation, FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022 Pg. 2 Stipulation of Settlement ( ) ancillary receivership proceeding of Bedivere Insurance Company IT IS FURTHER STIPULATED AND AGREED, that the Plaintiff(s) understand(s) and accept(s) that the payment of the Settlement Amount and the resolution of this claim is subject to and effective only upon the approval of the Superintendent or of the court supervising the receivership proceeding; and IT IS FURTHER STIPULATED AND AGREED, that payment of this claim in the above stated Settlement Amount, shall be made pursuant to New York Insurance Law Articles 74 and 76; and IT IS FURTHER STIPULATED AND AGREED, that the Plaintiff(s) understand(s) and accept(s) that there may be significant delay in payment of the Settlement Amount to Plaintiff and the Plaintiff will not seek to vacate the settlement based on such delay; and IT IS FURTHER STIPULATED AND AGREED, that the Plaintiff(s) and his, her, it's or their attorney(s) will provide any and all documents required by the New York Liquidation Bureau to process the claim for allowance; and IT IS FURTHER STIPULATED AND AGREED, by and on behalf of the Plaintiff(s) in this . action, in consideration of the settlement of this action, as follows: 1. Plaintiff(s) and counsel for Plaintiff(s) have performed a diligent search of their files, and have disclosed all liens in connection with this matter. Furthermore, Plaintiff(s) and counsel for Plaintiff(s) have not received notice of any liens that have been asserted against the proceeds of this settlement, other than as previously disclosed; 2. Plaintiff(s) will defend, indemnify and hold harmless, HLM Holdings, LLC and E I Team, Inc. , the Superintendent of Financial Services as Receiver of Bedivere Insurance Company, Bedivere Insurance Company in liquidation, the New York Liquidation Bureau and counsel for Defendant(s) against any lien, claim or action arising from the settlement or asserted against the settlement proceeds, including any lien that Plaintiff(s) and/or counsel for Plaintiff(s) may assert hereafter in respect of the settlement proceeds; 3. Plaintiff(s) have disclosed to the New York Liquidation Bureau any and all workers' compensation benefits received in connection with the acts or omissions that are the subject of the above captioned action or the claim being resolved pursuant to this stipulation of settlement. 4. Plaintiff(s) will have the sole responsibility to satisfy any lien or claim asserted against the settlement proceeds or arising from the settlement, including but not limited to CMS, Medicare, or Medicare Secondary Payor Recovery Contract; in the event of the existence of any obligation of the Plaintiffs to create and fund a Medicare set aside trust or account, it is understood and agreed that the Plaintiffs shall be responsible to satisfy any and all such requirements, and the Plaintiff shall indemnify and hold harmless HLM Holdings, LLC and E I FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 11/18/2022 Pg. 3 Stipulation of Settlement Team, Inc., Superintendent of Financial Services as receiver of Bedivere Insurance Company, Bedivere Insurance Company in liquidation, the New York Liquidation Bureau and counsel for Defendants from any and all claims made by Center for Medicare and Medicaid Services (CMS), and/or under the Medicare Secondary Payor Recovery Contract, whether such claims have been made, or are in the future made; and IT IS FURTHER STIPULATED AND AGREED, that this settlement will not be reduced to a judgment, and that Plaintiff(s) will neither enter nor enforce any judgment against the Defendant(s) arising out of the underlying occurrence; and IT IS FURTHER STIPULATED AND AGREED, that this settlement agreement is subject to CPLR §5003-a(f). Date: 080h it 3 . 10Z Z. New York, New York c2 [signature] By: Michael Wo lak Plaintiff(s) [signature] By: Name of Firm: Brown Chiari LLP Attorney(s) for Plaintiff(s) STEPHANIE BLATTMACHR, counsel to the [Liquidator/Ancillary Receiver] By: Print N e: Jack Franceschetti Title: Attorney Stipulation of Settlement In Litigation With Hold Harmless Revised 8-6-2013