Preview
FILED: NASSAU COUNTY CLERK 05/05/2023 10:23 PM INDEX NO. 601285/2023
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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BARRY YAMPOL,
Plaintiff, Index No. 601285/2023
-against-
AFFIRMATION OF SABRINA
CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, A. MIESOWITZ, ESQ. IN
including those subscribing to Syndicate Nos. MIT 3210, OPPOSITION
PEM 4000, TAL 1183, MKL 3000, CGM 2488, AXS
1686, CSL 1084, ASP 4711, COF 1036, AUW 0609, TRV
5000, ARK 4020, AAL 2012, ADV 0780, AUL 1274,
AFB 2623, AFB 0623, AES 1225, ANV 1861, ENH 5151,
WRB 1967, BRT 2987, Apollo 9975, CHN 2015, KLN
0510,
Defendants.
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SABRINA A. MIESOWITZ, an attorney duly admitted to practice before the Courts of
the State of New York, hereby affirms the following pursuant to Rule 2106 of the New York Civil
Practice Law and Rules:
1. I am an attorney admitted to practice in the courts of the State of New York. I am
General Counsel for Lloyd’s America, Inc., the United States subsidiary of the Corporation of
Lloyd’s, London (“Lloyd’s”).
2. I respectfully submit this Affirmation in Opposition to the motion made by Plaintiff
Barry Yampol (“Plaintiff”) which seeks an Order for Defendants CERTAIN UNDERWRITERS
AT LLOYD’S, LONDON, including those subscribing to Syndicate Nos. MIT 3210, PEM 4000,
TAL 1183, MKL 3000, CGM 2488, AXS 1686, CSL 1084, ASP 4711, COF 1036, AUW 0609,
TRV 5000, ARK 4020, AAL 2012, ADV 0780, AUL 1274, AFB 2623, AFB 0623, AES 1225,
ANV 1861, ENH 5151, WRB 1967, BRT 2987, Apollo 9975, CHN 2015, KLN 0510 (collectively
“Underwriters): (1) to comply with N.Y. Ins. Law §1213(c)(1) by depositing cash, bond or security
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with the clerk of this Court; and (2) holding Underwriters’ motion to dismiss in abeyance until
said compliance.
3. In my role at Lloyd’s, I oversee a wide range of legal issues, including legislative
and regulatory policy, and act as Lloyd’s key liaison with American regulators, legislators and
government officials. As such, I am fully familiar with statutory requirements imposed by all
states, including New York.
4. I understand that in this action, Plaintiff seeks damages against Underwriters for an
alleged breach of his insurance contract with Underwriters by failing to indemnify Plaintiff with
respect to a claim arising out of the alleged loss at Plaintiff’s New York residence.
5. I provide this affirmation at the request of the Underwriters who have been named
as defendants in this action.
6. I note preliminarily that Lloyd’s is not an insurance company. Lloyd’s underwriters,
like the Underwriters named as defendants herein, accept risks brought to them by various means
in the market at Lloyd’s, including through brokers authorized to place such risks.
7. In the United States, Lloyd’s underwriters are licensed to provide direct insurance
coverage only in Illinois, Kentucky, and the U.S. Virgin Islands. In all other states, including New
York, Underwriters are eligible “surplus lines” insurers. As surplus lines insurers, Underwriters
meet all security and financial requirements necessary to serve as providers of insurance when
licensed insurers decline coverage or offer terms incompatible with the needs of prospective
insureds. The surplus lines market is recognized as an important outlet for hard-to-place lines of
insurance.
8. Each Lloyd’s underwriter providing surplus lines coverage to U.S. policy holders,
including Underwriters, maintains assets in the United States in various trusts funds.
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9. Today, Lloyd’s U.S. trust fund structure includes the Lloyd’s American Surplus or
Excess Lines Insurance Joint Asset Trust Fund (“JATF”), which has a current value of
$108,361,699.
10. This dollar figure represents the aggregate amount maintained for all excess lines
policyholders in the United States, and provides support for US surplus lines policies written by
all Lloyd’s Underwriters including the twenty-three (23) Underwriters named in this action which
remain eligible, foreign excess line insurers in New York (via the Excess Lines Association of
New York’s Listed E&S Insurers: Lloyd’s Syndicates and the National Association of Insurance
Commissioners’ Quarterly List of Alien Insurers, respectively)1, and the two named Underwriters
herein which are now in run-off2.
11. A copy of a letter dated February 15, 2023 from the Vice President of Citibank,
Lloyd’s United States trustee, which certifies the value of the JATF through December 31, 2023
at $108,361,699 is annexed hereto as Exhibit A.
12. A judgment in favor of Plaintiff against Underwriters, if determined to be a valid
judgment in accordance with the relevant provisions of the Lloyd’s trust deeds, would be eligible
for payment from the JATF, because the judgment would derive from a U.S. policyholder insured
by Underwriters. Such a valid judgment would be paid without necessity for further litigation.
1
This includes defendant Underwriters PEM 4000, TAL 1183, MKL 3000, CGM 2488, AXS 1686, CSL 1084, ASP
4711, COF 1036, AUW 0609, TRV 5000, ARK 4020, AAL 2012, AUL 1274, AFB 2623, AFB 0623, AES 1225,
ANV 1861, ENH 5151, WRB 1967, BRT 2987, CHN 2015, KLN 0510. Defendant Apollo 9975 is a consortium of
two syndicates, Apollo 1967 and Apollo 1955, which also remain eligible surplus lines in New York and nation-
wide.
2
This includes the two other, defendant Underwriters in this action, MIT 3210 and ADV 780. Any judgment in this
action against these two Underwriters would be satisfied by proceeds from the JATF, of which there is more than
enough to satisfy a final judgment in this case on behalf of either or both.
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13. For the above reasons, and those set forth in Underwriters’ papers submitted in
opposition, it is respectfully submitted that the Court deny Plaintiff’s motion.
____________________________
SABRINA A. MIESOWITZ, ESQ.
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ATTORNEY CERTIFICATION PURSUANT TO NYCRR 202.8b
I, Jason L. Ederer, an attorney admitted to practice before the Courts of the State of New
York, hereby certify that the word count of the attached Affirmation, excluding caption and
signature block, is 682.
/s/ Jason L. Ederer, Esq.
Dated: New York, New York
May 5, 2023
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Preview
FILED: NASSAU COUNTY CLERK 05/05/2023 10:23 PM INDEX NO. 601285/2023 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------x BARRY YAMPOL, Plaintiff, Index No. 601285/2023 -against- AFFIRMATION OF SABRINA CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, A. MIESOWITZ, ESQ. IN including those subscribing to Syndicate Nos. MIT 3210, OPPOSITION PEM 4000, TAL 1183, MKL 3000, CGM 2488, AXS 1686, CSL 1084, ASP 4711, COF 1036, AUW 0609, TRV 5000, ARK 4020, AAL 2012, ADV 0780, AUL 1274, AFB 2623, AFB 0623, AES 1225, ANV 1861, ENH 5151, WRB 1967, BRT 2987, Apollo 9975, CHN 2015, KLN 0510, Defendants. ------------------------------------------------------------------------x SABRINA A. MIESOWITZ, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following pursuant to Rule 2106 of the New York Civil Practice Law and Rules: 1. I am an attorney admitted to practice in the courts of the State of New York. I am General Counsel for Lloyd’s America, Inc., the United States subsidiary of the Corporation of Lloyd’s, London (“Lloyd’s”). 2. I respectfully submit this Affirmation in Opposition to the motion made by Plaintiff Barry Yampol (“Plaintiff”) which seeks an Order for Defendants CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, including those subscribing to Syndicate Nos. MIT 3210, PEM 4000, TAL 1183, MKL 3000, CGM 2488, AXS 1686, CSL 1084, ASP 4711, COF 1036, AUW 0609, TRV 5000, ARK 4020, AAL 2012, ADV 0780, AUL 1274, AFB 2623, AFB 0623, AES 1225, ANV 1861, ENH 5151, WRB 1967, BRT 2987, Apollo 9975, CHN 2015, KLN 0510 (collectively “Underwriters): (1) to comply with N.Y. Ins. Law §1213(c)(1) by depositing cash, bond or security 1 1 of 5 FILED: NASSAU COUNTY CLERK 05/05/2023 10:23 PM INDEX NO. 601285/2023 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/05/2023 with the clerk of this Court; and (2) holding Underwriters’ motion to dismiss in abeyance until said compliance. 3. In my role at Lloyd’s, I oversee a wide range of legal issues, including legislative and regulatory policy, and act as Lloyd’s key liaison with American regulators, legislators and government officials. As such, I am fully familiar with statutory requirements imposed by all states, including New York. 4. I understand that in this action, Plaintiff seeks damages against Underwriters for an alleged breach of his insurance contract with Underwriters by failing to indemnify Plaintiff with respect to a claim arising out of the alleged loss at Plaintiff’s New York residence. 5. I provide this affirmation at the request of the Underwriters who have been named as defendants in this action. 6. I note preliminarily that Lloyd’s is not an insurance company. Lloyd’s underwriters, like the Underwriters named as defendants herein, accept risks brought to them by various means in the market at Lloyd’s, including through brokers authorized to place such risks. 7. In the United States, Lloyd’s underwriters are licensed to provide direct insurance coverage only in Illinois, Kentucky, and the U.S. Virgin Islands. In all other states, including New York, Underwriters are eligible “surplus lines” insurers. As surplus lines insurers, Underwriters meet all security and financial requirements necessary to serve as providers of insurance when licensed insurers decline coverage or offer terms incompatible with the needs of prospective insureds. The surplus lines market is recognized as an important outlet for hard-to-place lines of insurance. 8. Each Lloyd’s underwriter providing surplus lines coverage to U.S. policy holders, including Underwriters, maintains assets in the United States in various trusts funds. 2 2 of 5 FILED: NASSAU COUNTY CLERK 05/05/2023 10:23 PM INDEX NO. 601285/2023 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/05/2023 9. Today, Lloyd’s U.S. trust fund structure includes the Lloyd’s American Surplus or Excess Lines Insurance Joint Asset Trust Fund (“JATF”), which has a current value of $108,361,699. 10. This dollar figure represents the aggregate amount maintained for all excess lines policyholders in the United States, and provides support for US surplus lines policies written by all Lloyd’s Underwriters including the twenty-three (23) Underwriters named in this action which remain eligible, foreign excess line insurers in New York (via the Excess Lines Association of New York’s Listed E&S Insurers: Lloyd’s Syndicates and the National Association of Insurance Commissioners’ Quarterly List of Alien Insurers, respectively)1, and the two named Underwriters herein which are now in run-off2. 11. A copy of a letter dated February 15, 2023 from the Vice President of Citibank, Lloyd’s United States trustee, which certifies the value of the JATF through December 31, 2023 at $108,361,699 is annexed hereto as Exhibit A. 12. A judgment in favor of Plaintiff against Underwriters, if determined to be a valid judgment in accordance with the relevant provisions of the Lloyd’s trust deeds, would be eligible for payment from the JATF, because the judgment would derive from a U.S. policyholder insured by Underwriters. Such a valid judgment would be paid without necessity for further litigation. 1 This includes defendant Underwriters PEM 4000, TAL 1183, MKL 3000, CGM 2488, AXS 1686, CSL 1084, ASP 4711, COF 1036, AUW 0609, TRV 5000, ARK 4020, AAL 2012, AUL 1274, AFB 2623, AFB 0623, AES 1225, ANV 1861, ENH 5151, WRB 1967, BRT 2987, CHN 2015, KLN 0510. Defendant Apollo 9975 is a consortium of two syndicates, Apollo 1967 and Apollo 1955, which also remain eligible surplus lines in New York and nation- wide. 2 This includes the two other, defendant Underwriters in this action, MIT 3210 and ADV 780. Any judgment in this action against these two Underwriters would be satisfied by proceeds from the JATF, of which there is more than enough to satisfy a final judgment in this case on behalf of either or both. 3 3 of 5 FILED: NASSAU COUNTY CLERK 05/05/2023 10:23 PM INDEX NO. 601285/2023 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/05/2023 13. For the above reasons, and those set forth in Underwriters’ papers submitted in opposition, it is respectfully submitted that the Court deny Plaintiff’s motion. ____________________________ SABRINA A. MIESOWITZ, ESQ. 4 4 of 5 FILED: NASSAU COUNTY CLERK 05/05/2023 10:23 PM INDEX NO. 601285/2023 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/05/2023 ATTORNEY CERTIFICATION PURSUANT TO NYCRR 202.8b I, Jason L. Ederer, an attorney admitted to practice before the Courts of the State of New York, hereby certify that the word count of the attached Affirmation, excluding caption and signature block, is 682. /s/ Jason L. Ederer, Esq. Dated: New York, New York May 5, 2023 5 5 of 5