Preview
Christopher
L. Dion, Esq. (SBN 125967)
2060-D E. Avenida De Los Arboles, #204
ELECTRONICALLY
Thousand Oaks, CA 91362
Tel: (805) 328-5096 FILED
Superior Court of California,
cdionlegal@ gmail.com County of San Francisco
07/15/2020
Attommey for Non-Party Petitioner Clerk of the Court
ChristopherL. Dion in pro se BY: EDNALEEN ALEGRE
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
10
INSURANCE COMMISSIONER OF THE CASE NO. CPF-16-515183
11 STATE OF CALIFORNIA, Hon. Ethan Schulman, Dept. 302
12
Applicant, RESTATED DECLARATION OF
13 CHRISTOPHER L. DION IN SUPPORT
vs. OF PETITIONER’S MOTION RE
14 CASTLEPOINT ORDERS AS THEY
CASTLEPOINT NATIONAL RELATE TO VERIFIED PETITION
15 INSURANCE COMPANY, and DOES 1— FILED UNDER THE PUBLIC RECORDS
50, inclusive, ACT (GOV. CODE § 6250
ET SEQ.)
16
Respondents. [Filed concurrently with Notice of Motion and
17 Motion re CastlePoint Orders as They Relate to
Verified Petition; Memorandum of Points and
18
Authorities; and (Proposed) Order]
19
Date: August 13, 2020
20 Time: 9:30 am.
Dept. 302
21 Judge: Hon. Ethan Schulman
Reservation ID: -a-
22
23
DECLARATION OF CHRISTOPHER L. DION
24
I, CHRISTOPHER L. DION, do hereby declare:
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1 I am a member in good standing of the State Bar of California. I have personal
26
knowledge of the facts hereinafter set forth and I am competent to testify to same.
2
2 I am the Petitioner in the Verified Petition for Writ of Mandate and Complaint for
28 1
DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY
RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT
Declaratory Relief, styled Christopher Dion v. California Department of Insurance, et al., filed
on May 15, 2020, in Los Angeles Superior Court as File No. 20STCP01687 (the “Los Angeles
Writ Petition”). The Los Angeles Writ Petition seeks records under the California Public
Records Act (Government Code section 6250 et seq. (the “PRA”)) from the California
Department of Insurance (the “DOI”) and its Conservation and Liquidation Office (the “CLO”).
A true and correct copy of the Los Angeles Writ Petition is attached hereto as Exhibit 1 and
incorporated by this reference.
3 The PRA requests at issue in the Los Angeles Writ Petition principally pertain to
collusion, corruption, waste and malfeasance by the DOI and its CLO in their oversight of the
10 pre-conservation, conservation and liquidation process, thereby facilitating and enabling
11 (intentionally or otherwise) wide-ranging fraud and other wrongful acts perpetrated by insurers
12 against policyholders, claimants, taxpayers and creditors. The requests more specifically
13 concern the pre-conservatorship and conservatorship actions undertaken by the DOI and its CLO
14 relating to three insurers: (i) CastlePoint National Insurance Company (“CastlePoint”); (ii)
15 California Insurance Company (“CIC”); and (iii) Century-National Insurance Company
16 (“Century-National”).
17 4 I have attempted to engage both the DOI and the CLO in meet and confer efforts to
18 avoid the filing of the Los Angeles Writ Petition and the present motion, commencing with the
19 initial PRA requests on March 9, 2020. Those efforts include the letters attached as Exhibits 1
20 through 12 to the Los Angeles Writ Petition, as well as numerous subsequent communications,
21 including inter alia the letters and emails described in Exhibits
2 through 8 below.
22 5 Attached hereto as Exhibit
2 and incorporated by this reference is a true and correct
23 copy of my May 15, 2020 letter to Cynthia Larsen at Orrick Herrington and Sutcliffe, counsel for
24 the CLO.
25 6. Attached hereto as Exhibit 3nd incorporated by this reference is a true and correct
26 copy of Ms. Larsen’s May 28, 2020 letter to me.
7
27 Attached hereto as Exhibit 4.and incorporated by this reference is a true and correct
28 2
DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY
RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT
copy of my June 3, 2020 letter to Ms. Larsen and Mr. Michael Sorich, California Department of
Insurance, as counsel for the DOI.
8 Attached hereto as Exhibit
5 and incorporated by this reference is a true and correct
copy of my June 18, 2020 letter to Ms. Larsen and Mr. Sorich.
9. Attached hereto as Exhibit
6 and incorporated by this reference is a true and correct
copy of my June 29, 2020 letter to Ms. Larsen, Mr. Sorich and Ms. Lucy Wang, Department of
Justice, as counsel for the CLO.
10. Attached hereto as Exhibit
7 and incorporated by this reference is a true and correct
10 copy of my July 8, 2020 email to Ms. Wang.
11 ll. Attached hereto as Exhibit
8 and incorporated by this reference is a true and correct
12 copy of Ms. Larsen’s July 8, 2020 email to me.
13 12. Attached hereto as Exhibit 9and incorporated by this reference is a true and correct
14 copy of the court’s July 28, 2016 Order filed in the above-captioned action (this “Action’”).
15 13. Attached hereto as Exhibit 10 and incorporated by this reference is a true and correct
16 copy of the court’s July 29, 2016 Order filed in this Action.
17 14. Attached hereto as Exhibit 11 and incorporated by this reference is a true and correct
18 copy of the court’s September 13, 2016 Order filed in this Action.
19 15. Attached hereto as Exhibit 12 and incorporated by this reference is a true and correct
20 copy of the court’s March 30, 2017 Order filed in this Action.
21 16. Attached hereto as Exhibit 13 and incorporated by this reference is a true and correct
22 copy of the Declaration of Joseph Holloway filed June 19, 2019 in this Action.
23 17. Attached hereto as Exhibit 14nd incorporated by this reference is a true and correct
24 copy of the court’s August 13, 2019 Order filed in this Action.
25 18. Attached hereto as Exhibit 15 and incorporated by this reference is a true and correct
26 copy of the Supplemental Declaration of David E. Wilson in Support of Motion for Order
27 Approving Conservation and Liquidation Plan for CastlePoint National Insurance Company,
28 3
DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY
RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT
filed August 5, 2016 in this Action.
19. Attached hereto as Exhibit 16 and incorporated by this reference is a true and correct
copy of the article by Vadim Majmoudov (former Partner at Debevoise & Plimpton LLP),
entitled Intragroup Wars: Abusive Parents, Rebellious Subsidiaries, Tax Notes: Special Report
(March 29, 2016), which was published in the months leading up to the CastlePoint
conservatorship and summarizes the caselaw on the use and misuse of net operating losses
(NOLs) by a consolidated reporting group with a regulated subsidiary, including a parent’s
ability to leverage the state insurance departments and “ransom” the regulators over the NOLs.
20. Attached hereto as Exhibit 17 and incorporated by this reference is a true and correct
10 copy of the Complaint filed June 17, 2020, as Document | in the action filed in the U.S. District
11 Court for the Southern District of New York, entitled Securities and Exchange Commission v.
12 Amtrust Financial Services, Inc., et al., Case 1:20-cv-04652 (the “AmTrust Reserve
13 Manipulation Action”). The case involves a scheme operated by AmTrust Financial Services,
14 Inc. and its chief financial officer to underreport hundreds of millions of dollars in reserves. The
15 Complaint and related documents (Exhibits 18 and 19 below) are made available to the public
16 and were downloaded from the official U.S. Government website for federal court cases
17 (https://pacer.uscourts.gov/) for Case No. 1:20-cv-04652.
18 21. Attached hereto as Exhibit 18 and incorporated by this reference is a true and correct
19 copy of the Final Judgment as to AmTrust Financial Services, Inc., filed June 18, 2020 in the
20 AmtTrust Reserve Manipulation Action, as Document 10, pursuant to which AmTrust agreed to
21 pay $10.5M to settle the charges.
22 22. Attached hereto as Exhibit 19 and incorporated by this reference is a true and correct
23 copy of the Final Judgment as to Ronald E. Pipoly, Jr., filed June 18, 2020 in the AmTrust
24 Reserve Manipulation Action, as Document 11, pursuant to which Mr. Pipoly, Jr. agreed to pay
25 $10.5M to settle the charges.
26 23. Attached hereto as Exhibit
20 and incorporated by this reference is a true and correct
27 copy of the National General Holdings Corp. July 7, 2020 press release announcing its
28 4
DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY
RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT
acquisition by The Allstate Corporation for approximately $4 billion. I downloaded a copy of
the press release from the Investor Relations section of the National General website on July 9,
2020.
24. Attached hereto as Exhibit 21 and incorporated by this reference is a true and correct
copy of Petitioner’s Notice Of Taking The Deposition Of The Person(s) Most Qualified At
Conservation And Liquidation Office, And Request For Production Of Documents, a courtesy
copy of which was provided to Ms. Wang and Ms. Larsen on June 29, 2020, now revised to
reflect the case no. of this Action. Counsel for the CLO has failed to propose any dates for the
deposition or provide any comments or objections to the deposition notice or the categories.
10 25. Attached hereto as Exhibit 22 and incorporated by this reference is a true and correct
11 copy of Petitioner’s Special Interrogatories Propounded Upon Respondent Conservation And
12 Liquidation Office, Set One (1), a courtesy copy of which was provided to Ms. Wang and Ms.
13 Larsen on June 29, 2020, now revised to reflect the case no. of this Action. Counsel for the CLO
14 has likewise failed to provide any comments or objections to the interrogatories.
15 26. Lam informed and believe that the Los Angeles Writ Petition does not violate the
16 court orders in this Action enjoining actions against the CastlePoint estate. Nevertheless, I
17 offered to delay the proceedings against the CLO pending this Court’s ruling on the injunctions
18 as they relate to the Los Angeles Writ Petition.
19
20 I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct and that this declaration is executed on July 13, 2020, in the City of
22 Thousand Oaks, State of California.
23
24
Ch. lb
CHRISTOPHER L. DION
25
26
27
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DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY
RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT
ExhibitA
Electronically FILED by Supeffor Court of California, County of Los Angeles on 06/1 6/2020 03:11 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Perez, Deputy Clerk
Christopher L. Dion, Esq. (SBN 124967)
cdionlegal@gmail.com
2060-D E. Avenida De Los Arboles
Thousand Oaks, CA 91362
Tel: (805) 328-5096
Attorney for Petitioner/Plaintiff in pro se
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELES — CENTRAL DISTRICT
CHRISTOPHER DION, an individual, CASE NO. 20ST CPO1687
10 Petitioner/Plaintiff,
11 VERIFIED PETITION FOR WRIT OF
V.
MANDATE AND COMPLAINT FOR
12 DECLARATORY RELIEF
CALIFORNIA DEPARTMENT OF
INSURANCE; CONSERVATION AND
13 LIQUIDATION OFFICE; and DOES I-
50, (Code Civ. Proc. §§ 1060, 1085; Public
14 Records Act, Gov. Code § 6250 et seq.)
Respondents/Defendants.
15
16
17
Petitioner/Plaintiff CHRISTOPHER DION, in his individual capacity, alleges as follows:
18
INTRODUCTION
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1 This Petition and Complaint challenges the validity of the refusal by the California
20
Department of Insurance and its Conservation and Liquidation Office to provide certain records
21
in response to a California Public Records Act request (Government Code section 6250 et seq.
22
(“PRA”)) submitted by and on behalf of Petitioner/Plaintiff Christopher Dion.
23
2. The PRA was enacted for the purpose of increasing freedom of information by giving
24
the public access to information in possession of public agencies. As the California Supreme
25
Court has opined, “[a]n informed and enlightened electorate is essential to a representative
26
democracy.” (Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1328.) This principle
27
is now enshrined in the state Constitution following the adoption of a voter-approved initiative in
28
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VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EXx-002
2004: “The people have the right of access to information concerning the conduct of the people’s
business, and therefore, . . . the writings of public officials and agencies shall be open to public
scrutiny.” (Cal. Const., art. I, § 3, subd. (b)(1).)
3 The California Department of Insurance is the nation’s largest state regulatory
agency. It is responsible for regulating the $310 billion insurance industry in California and
keeping insurance available and affordable. Pursuant to Insurance Code section 12906, the
Department of Insurance is “under control of the Insurance Commissioner.” The Department of
Insurance is subject to the PRA.
4. The Conservation and Liquidation Office was created by the Insurance
10 Commissioner, within the Department of Insurance, to assist as a court-appointed conservator
11 and liquidator of troubled insurance enterprises domiciled in California. The Conservation and
12 Liquidation Office is likewise subject to the PRA.
13 5 The PRA requests at issue here focus on collusion, corruption, waste and malfeasance
14 by governmental officials and agencies, enabling wide-ranging fraud perpetrated by multiple
15 insurers. Specifically, the PRA requests concern the Department of Insurance’s repeated
16 deception of the courts overseeing the conservation and liquidation process to facilitate
17 (intentionally or otherwise) the wrongful acts by unscrupulous insurers against policyholders,
18 claimants and taxpayers.
19 6. The public interest at stake is significant. “Openness in government is essential to the
20 functioning of a democracy.” (International Federation of Professional & Technical Engineers,
21 Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 329.) “Implicit in the democratic
22 process is the notion that government should be accountable for its actions; in order to verify
23 accountability, individuals must have access to government files to permit checks against the
24 arbitrary exercise of official power and secrecy in the political process.” (C.B.S., Inc. v. Block
25 (1986) 42 Cal.3d 646, 651; International Federation of Professional & Technical Engineers,
26 supra, 42 Cal.4th at 329 [same]; Marken v. Santa Monica-Malibu Unified School Dist. (2012)
27 Cal.App.4th 1250, 1261 [same]; Sonoma County Employees’ Retirement Association v. Superior
28 Court (2011) 198 Cal.App.4th 986, 991 [same]; San Diego County Employees Retirement
2
VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-003
Association v. Superior Court of San Diego County (2011) 196 Cal.App.4th 1228, 1235 [same];
Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759, 764 [same].)
7 “Public disclosure is a critical weapon in the fight against government corruption.
Whether there is a real impropriety or merely the appearance of an impropriety, the public has a
right to know the particulars.” (Kunec v. Brea Redevelopment Agency (1997) 55 Cal.App.4th
511, 515.) The people of California deserve transparency and certainty as to whether our elected
leaders are living up to the trust the voting public has invested in them. The California
Department of Insurance, and its Conservation and Liquidation Office, deserve to have their
names cleared if they are innocent of any wrongdoing. Full disclosure of the requested records is
10 essential to addressing these issues.
11
PARTIES
12
8 Petitioner/Plaintiff Christopher Dion (“Petitioner”) is an individual residing within
13
the City of Thousand Oaks, County of Ventura, State of California. Petitioner is a plaintiff
in a
14
tangentially related matter (Dion v. Century-National Insurance Company, filed January 18,
15
2016 in the Los Angeles Superior Court as Case No. BC627381 (the “Century-National
16
Action”), a case of first-impression directed at exposing the insurance industry’s use of biased
17
experts to pretextually deny claims. Petitioner discovered the irregularities in the
18
conservatorship process for CastlePoint National Insurance Company (“CastlePoint”) and
19
California Insurance Company (“CIC”) detailed in this Petition as a result of research performed
20
in the Century-National Action concerning alter ego and the corporate looting of Century-
21
National Insurance Company by its affiliates during the pendency of Petitioner’s case.
22
9 Respondent/Defendant the California Department of Insurance (the “Department of
23
Insurance”) is the nation’s largest consumer protection agency. With annual direct premiums of
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$310 billion, California is the largest insurance market in the United States and the fourth largest
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insurance market in the world. The Department of Insurance enforces the insurance laws of
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California and has authority over how insurers and licensees conduct business in California. It is
27
responsible for regulating the $310 billion insurance industry in California and keeping insurance
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VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-004
available and affordable. Pursuant to Insurance Code section 12906, the Department of Insurance
is “under control of the Insurance Commissioner.”
10. Respondent/Defendant the Conservation and Liquidation Office (the “CLO”) was
created by the Insurance Commissioner to assist as a court-appointed conservator and liquidator
of troubled insurance enterprises domiciled in California. The CLO is an office within the
Department of Insurance, and pursuant to Insurance Code section 1035 subd. (b) the Chief
Executive Officer of the CLO is appointed by the Insurance Commissioner subject to the
confirmation by the California Senate. The CLO acts for and on behalf of the Insurance
Commissioner in conservatorship and liquidation proceedings. The Chief Executive Officer of
10 the CLO was appointed by the Insurance Commissioner as a Special Deputy Insurance
11 Commissioner in the conservatorship and liquidation of CastlePoint National Insurance
12 Company in 2016 and in the conservatorship of California Insurance Company in 2019.
13 11. Petitioner is unaware of the true names and capacities of Respondents/Defendants
14 DOES | through 50, inclusive, and they are therefore sued by such fictitious names pursuant to
15 Code of Civil Procedure section 474. Petitioner alleges on information and belief that each such
16 fictitiously named Respondent and Defendant is responsible or liable in some manner for the
17 events and happenings referred to herein, and Petitioner will seek leave to amend this Petition
18 and Complaint to allege their true names and capacities after the same have been ascertained.
19
STANDING
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12. Government Code section 6258, subdivision (a) provides that “[a]ny person may
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institute proceedings for injunctive or declarative relief or writ of mandate in any court of
22
competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public
23
record or class of public records under this chapter.” “Person” is defined in Government Code
24
section 6252, subdivision (c) to include “any natural person, corporation, partnership, limited
25
liability company, firm, or association ” The term “person” as used in the PRA has been
26
interpreted broadly. (Los Angeles Unified School Dist., supra, 151 Cal.App.4th at 771.)
27
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VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-005
13. Petitioner is a “person” entitled to institute proceedings for injunctive or declarative
relief or writ of mandate to compel the Department of Insurance and the CLO to disclose public
records pursuant to the PRA.
JURISDICTION AND VENUE
14. This Court has jurisdiction to issue writs of mandate pursuant to Code of Civil
Procedure section 1085, subdivision (a), and in the case of the PRA, pursuant to Government
Code section 6259, subdivision (a), as many of the requested records are situated in and
accessible electronically from the computer-based file systems of the Department of Insurance in
Los Angeles County. Specifically, the Department of Insurance maintains records at its office at
10
300 South Spring Street, South Tower in Los Angeles, California. The Court has jurisdiction to
11
grant injunctive and declaratory relief pursuant to Code of Civil Procedure sections 525, 526, and
12
1060.
13
15. Venue is proper in the County of Los Angeles pursuant to Government Code 6259,
14
subdivision (a).
15
PRA REQUESTS AND MEET AND CONFER EFFORTS
16
16. On March 9, 2020, Petitioner submitted a PRA request to the Department of
17
Insurance seeking records principally pertaining to: (1) the financial condition of CastlePoint
18
National Insurance Company (“CastlePoint’”), an insurer affiliated with the Michael Karfunkel
19
Family 2005 Trust (together with its affiliates, the “Karfunkel Group”) that was placed into
20
conservatorship and subsequently liquidated; and (2) communications between the Department
21
of Insurance and the Karfunkel Group related to the CastlePoint conservatorship and to an
22
alleged scheme perpetrated by Century-National Insurance Company (“Century-National”),
23
another affiliate of the Karfunkel Group, to use biased-experts to pre-textually and wrongfully
24
deny claims. A true and correct copy of Petitioner’s March 9, 2020 PRA request is attached
25
hereto as Exhibit 1 and incorporated by this reference. The PRA requests contained in the March
26
9, 2020 letter are referred to as “Petitioner’s Initial Requests 1-3.”
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VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-006
17. Specifically, Petitioner’s Initial Requests 1-3 sought the following:
(1) All communications (including emails) during the relevant period between
November 11, 2014, and March 1, 2020 (the “CastlePoint Relevant Period”),
between any individuals who are employed by or represent the interests of the
Department of Insurance, on the one hand, and any individuals who are
employed by or represent the interests of one or more of the Karfunkel Group,
regarding each of the following:
a. the conservatorship of CastlePoint;
b the re-domestication of CastlePoint from Illinois to California in 2014;
c. the surplus, reserves, capitalization and/or net operating losses of
CastlePoint;
the valuation of the insurance policies ceded and/or otherwise
transferred to the Karfunkel Group in connection with their acquisition
of CastlePoint and its parent, Tower Group International, Ltd.;
10 CastlePoint’s tax sharing agreement, the lead taxpayer of which was
Condor 2 Corporation, a Delaware corporation; and
11
the releases given to members of the Karfunkel Group in connection
12 with CastlePoint’s conservatorship.
13 (2) All communications (including emails) during the relevant period between
January 1, 2016, and March 1, 2020, between any individuals who are
14 employed by or represent the interests of the Department of Insurance, on the
one hand, and any individuals who are employed by or represent the interests
15 of one or more of the Karfunkel Group, on the other, regarding each of the
following:
16
a. the use of experts by Century-National in the adjustment of claims;
17 b any matter described in the Report on the Investigation of Century-
National’s Unlawful Scheme to Pretextually Deny or Underpay Claims,
18 submitted to the Department of Insurance on or about October 1, 2019;
19 any matter described in the Addendum to the Report, submitted to the
Department of Insurance on or about February 12, 2020;
20
the surplus, reserves, capitalization and/or net operating losses of
21 Century-National; and
e. Century-National’s tax sharing agreement.
2:
(3) All Annual and Quarterly Statements filed by CastlePoint with the Department
23 of Insurance during the CastlePoint Relevant Period.
24 18. While Petitioner’s Initial Requests 1-3 sought “all communications” between the
25 Department of Insurance and the Karfunkel Group, nevertheless, in the spirit of cooperation and
26 as a means of reducing the burden on the Department of Insurance, Petitioner offered to narrow
27 the requests and accept simply an electronic file containing the emails, which Petitioner stated
28 “may obviate the need for further production.” Petitioner also included recommended terms to
6
VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-007
simplify the email search process. Petitioner further suggested that the parties set up a call to
discuss Petitioner’s Initial Requests 1-3.
19. On March 19, 2020, a representative for the Department of Insurance responded by
email, acknowledging receipt of Petitioner’s Initial Requests 1—3 and stating that “[t]he
Department is still in the process of investigating whether there are any responsive documents.”
The Department of Insurance further requested a 14-day extension of time to respond in accord
with Government Code § 6253. A true and correct copy of the Department of Insurance’s March
19, 2020 email is included as part of the email thread between Petitioner and the Department of
Insurance attached hereto as Exhibit 2 and incorporated by this reference.
10 20. On March 20, 2020, recognizing that the Covid-19 pandemic could impact the
11 Department of Insurance’s operations, and recognizing that the 14-day extension of time to
12 respond would likely be insufficient for the Department of Insurance to compile the emails and
13 respond to Petitioner’s Initial Requests 1-3, Petitioner once again offered to reduce the burden
14 on the Department of Insurance in the short term by tailoring a more limited supplemental
15 request for specific documents that were easier to compile. These supplemental requests included
16 a report on the CastlePoint insolvency (the “DOI CastlePoint Statutory Report”) that the
17 Department of Insurance was required to prepare in accord with Insurance Code § 985.5
18 regarding the “causes and factors which contributed to that insolvency.” Petitioner once again
19 suggested that the parties set up a call to discuss the PRA requests. A true and correct copy of
20 Petitioner’s supplemental March 20, 2020 PRA request is attached hereto as Exhibit 3 and
21 incorporated by this reference. The PRA requests contained in the March 20, 2020 letter are
22 referred to herein as “Petitioner’s Supplemental Requests 4-7.”
23 21. Specifically, Petitioner’s Supplemental Requests 4—7 sought the following:
24 (4) In accord with Insurance Code § 985.5, the report (and any supplements
thereto) prepared by the Commissioner with respect to the causes and factors
25 which contributed to the insolvency of CastlePoint;
26 (5) The Annual Statements and the Quarterly Statements that were filed for
CastlePoint for 2014 and 2015 with the DOI;
27 (6) The application filed with the Department of Insurance explaining the reasons
for the re-domestication of CastlePoint from Illinois to California in 2014; and
28
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VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-008
(7) Acopy of the Department of Insurance’s written guidelines for accessibility
of records, established in accord with Gov. Code § 6253.4(b).
22. On March 25, 2020, the Department of Insurance’s representative sent a series of
emails to Petitioner, acknowledging receipt of Petitioner’s Supplemental Requests 4-7 and
informing Petitioner that the Department of Insurance was prioritizing and working on these
requests first. The emails also referred Petitioner to the Department of Insurance’s online portal
for rate filings for information responsive to Petitioner’s Initial Requests 1-3. A true and correct
copy of the Department of Insurance’s March 25, 2020 email is included as part of the email
thread between Petitioner and the Department of Insurance attached hereto as Exhibit 2 and
incorporated by this reference.
10 23. On the same day, Petitioner responded to the Department of Insurance’s
1 representative, highlighting that the rate filings were unresponsive and a deflection from
12 Petitioner’s Initial Requests 1-3. A true and correct copy of Petitioner’s March 25, 2020 email is
13 included as part of the email thread between Petitioner and the Department of Insurance attached
14 hereto as Exhibit 2 and incorporated by this reference.
15 24. On April 3, 2020, the Department of Insurance’s representative sent a further email to
16 Petitioner, attaching a few select documents as responsive to Petitioner’s Supplemental Requests
17 4-7. However, nearly all of the requested records had been withheld. The Department of
18 Insurance indicated that the DOI CastlePoint Statutory Report had not been prepared by the
19 Insurance Commissioner as mandated by Insurance Code § 985.5, and consequently was not
20 submitted to the Governor and Legislature in compliance with the law. The Department of
21 Insurance’s representative also indicated that the Department of Insurance was “still in the midst
22 of moving its San Francisco office to its new Oakland office, and staff is currently unable to
23 search the files where responsive records may reside.” The Department of Insurance’s
24 representative also requested that the PRA Request be withdrawn and resubmitted “after the
25 coronavirus related emergency subsides ...” A true and correct copy of the Department of
26 Insurance’s April 3, 2020 email is included as part of the email thread between Petitioner and the
27 Department of Insurance attached hereto as Exhibit 2 and incorporated by this reference.
28
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VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-009
25. On April 10, 2020, in advance of a more thorough response to the Department of
Insurance’s email, and recognizing that the CLO would be the most likely place to find the
majority of the records, Petitioner sent an email to the Department of Insurance merely inquiring
as to whether “both the [Department of Insurance’s] office on Fremont Street, and the [CLO’s]
office on Pine street, are moving to Oakland” and whether the “proper inquiries for the
production [had] been made with the [CLO]?” A true and correct copy of Petitioner’s April 10,
2020 email is included as part of the email thread between Petitioner and the Department of
Insurance attached hereto as Exhibit 2 and incorporated by this reference.
26. On April 14, 2020, Petitioner sent a letter responding more fully to the Department of
10 Insurance’s email, and inquiring about the lack of production. Among the inquiries were: (i) why
11 the Commissioner had failed to prepare and deliver the DOI CastlePoint Statutory Report to the
12 Governor and Legislature; (ii) whether drafts and/or notes pertaining to the DOI CastlePoint
13 Statutory Report existed, and (iii) whether the search inquiries had included the CLO and
14 whether the Department of Insurance was misleading Petitioner about the office move to
15 Oakland. Given what appeared to be evasive and misleading responses to date, Petitioner once
16 again supplemented their PRA Requests, requesting the drafts and notes pertaining to the DOI
17 CastlePoint Statutory Report. Petitioner also highlighted the irreparable harm to the claimants by
18 further delays in the Department of Insurance’s response, including the deception that had been
19 played upon the court in the CastlePoint conservatorship. Petitioner once again suggested that the
20 parties set up a call to discuss the PRA requests. A true and correct copy of Petitioner’s
21 supplemental April 14, 2020 letter is attached hereto as Exhibit 4 and incorporated by this
22 reference. The PRA requests contained in the April 14, 2020 letter are referred to herein as
23 “Petitioner’s Supplemental Requests 8-12.”
24 27. Specifically, Petitioner’s Supplemental Requests 8-12 sought the following:
25 (8) All drafts and notes prepared by the Commissioner and/or the CLO “with respect to
the causes and factors which contributed to the insolvency of” CastlePoint;
26
(9) All docume reflecting the value of all ts of CastlePoint (including its 10
constituent insurers) transferred or otherwise ceded to the Karfunkel Group between
27
July 1, 2014 and the present;
28 (10) All documents reflecting the amount of each claim made against or noticed to
9
VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-010
CastlePoint (including each of its 10 constituent insurers) which existed as of the
date of the CastlePoint conservatorship, along with each claim thereafter made
against or noticed to CastlePoint, together with the amount paid on each claim (e.g.,
by the conservator, the respective guarantee association, or otherwise);
ab The Annual Statements for each of the 10 constituent insurers comprising
CastlePoint for each of FYE 2014 and 2015; and
(12) All documents reflecting the amount of pre-2015 net operating losses (““NOLs”)
retained by or ceded to one or more entities of the Karfunkel Group (e.g., Condor 2
Corporation) pursuant to the Shareholder Trust Agreement for Castlepoint National
Insurance Company in the CastlePoint conservatorship.
28. On April 14, 2020, the Department of Insurance’s representative sent a further
email to Petitioner, yet failed to address any of the inquiries raised in Petitioner’s April 14, 2020
letter. Instead, the email merely attached the Petition for Conservatorship for CastlePoint, which
10 provided a false narrative that was in large part the genesis for Petitioner’s PRA requests. The
1 Department of Insurance also once again requested that Petitioner withdraw their pending PRA
12 requests, and also demanded that Petitioner submit a separate PRA request to the Custodian of
13 Records for Petitioner’s Supplemental Requests 7-12, in accord with the Department of
14 Insurance 36Ss 6 procedures.” A true and correct copy of the Department of Insurance’s April 14,
15 2020 email is included as part of the email thread between Petitioner and the Department of
16 Insurance attached hereto as Exhibit 2 and incorporated by this reference.
17 29. On April 15, 2020, Petitioner sent yet another letter to the Department of
18 Insurance, pointing out the Department of Insurance’s evasive and misleading responses,
19 particularly about the move to Oakland. Given that the Department of Insurance appeared to be
20 attempting to deflect any inquiry into potential fraud and misuse of the conservatorship process,
21 Petitioner suggested that the best way forward may well be for Petitioner to file a Verified
22 Petition with the Superior Court and continue to work through the issues with the Department of
23 Insurance, hopefully before court intervention. A true and correct copy of Petitioner’s April 15,
24 2020 letter is attached hereto as Exhibit 5 and incorporated by this reference.
25 30. Immediately after sending the letter, and in accord with the Department of
26 Insurance’s request, Petitioner sent an email to the Custodian of Records, attaching Petitioner’s
27 April 14 and April 15, 2020 letters and requesting that the Custodian follow the Department of
28 Insurance’s instructions set forth in its April 14, 2020 email. A true and correct copy of
10
VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-011
Petitioner’s April 15, 2020 email to the Department of Insurance’s Custodian of Records is
included as part of the email thread between Petitioner and the Department of Insurance attached
hereto as Exhibit 2 and incorporated by this reference.
31. An hour later, Petitioner received a telephone call from Michael Sorich, an
attorney with the Department of Insurance responsible for responding to PRA requests. Mr.
Sorich explained that the Department of Insurance’s prior emails had been in error, including any
suggestion that the CLO’s office had moved to Oakland or that the records were inaccessible.
Mr. Sorich further acknowledged that he would be responsible for assisting with Petitioner’s
PRA requests. Mr. Sorich indicated that he would review the requests and respond the following
10 week, at least as to whether the Department of Insurance would object that the CLO records are
11 not covered by the PRA. Mr. Sorich also said he would provide the status on the emails.
12 32. On April 22, 2020, Mr. Sorich sent a further email to Petitioner, stating only that
13 the Department of Insurance was continuing their search for records, and thanking Petitioner for
14 his patience. A true and correct copy of Mr. Sorich’s April 22, 2020 email is included as part of
15 the email thread between Petitioner and the Department of Insurance attached hereto as Exhibit
16 2 and incorporated by this reference.
17 33. On April 23, 2020, Petitioner sent an email to Mr. Sorich inquiring about the
18 matters Mr. Sorich had agreed to research (on the April 15, 2020 telephone call), including
19 whether the CLO was covered by the PRA and the status of the emails. Petitioner also provided
20 supplemental documents to assist in the Department of Insurance’s search, including the Report
21 and Addendum (with accompanying cover letters) which were referenced in Petitioner’s Initial
22 Requests 1-3 as item nos. 2(c) and 2(d), and an excerpt from the Tower Group International
23 financial statements. A true and correct copy of Petitioner’s April 23, 2020 email is included as
24 part of the email thread between Petitioner and the Department of Insurance attached hereto as
25 Exhibit 2 and incorporated by this reference. True and correct copies of the attachments to the
26 email are attached hereto as Exhibits 6 (Report), Exhibit 7 (Addendum), and Exhibit 8 (Tower
27 Financial Statements) and incorporated by this reference.
28
ul
VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
EX-012
34. On May 4, 2020, Petitioner sent a letter to Mr. Sorich and to the CLO,
highlighting that the Department of Insurance had failed to produce the records requested in the
PRA Requests, and had failed to provide a status update on the emails and confirm that the
CLO’s records are covered by the PRA Requests. Consequently, Petitioner directed the PRA
Requests directly to the CLO, and further supplemented the PRA Requests with additional
requests concerning CastlePoint. Petitioner once again suggested that the parties set up a call to
discuss the PRA requests. A true and correct copy of Petitioner’s supplemental May 4, 2020
letter is attached hereto as Exhibit 9 and incorporated by this reference. The PRA requests
contained in the May 4, 2020 letter are referred to herein as “Petitioner’s Supplemental Requests
10 13-15”, and together with Petitioner’s Initial Requests 1-3, Petitioner’s Supplemental Requests
11 4-7, and Petitioner’s Supplemental Requests 8-12, are collectively referred to as “Petitioner’s
12 Collective PRA Requests.”
13 35. Specifically, Petitioner’s Supplemental Requests 13-15 sought the following:
14 (13) All records relating to the causes and factors which contributed to the insolvency of
CastlePoint;
15 (14) All records relating to the claims against CastlePoint (and its 10 constituent
insurers) existing as of January 1, 2014 or made after January 1, 2014, including the
16
amount of the claim, the amount of the reserves, whether the claim was included or
17 excluded in the conservatorship, and the ultimate resolution and payment of the
claim, and including all summary reports of such claims prepared by or for the
18 Department of Insurance and/or the CLO. For the avoidance of doubt, the
requested records include, without limitation, the records relating to the claims th
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Christopher L. Dion, Esq. (SBN 125967) 2060-D E. Avenida De Los Arboles, #204 ELECTRONICALLY Thousand Oaks, CA 91362 Tel: (805) 328-5096 FILED Superior Court of California, cdionlegal@ gmail.com County of San Francisco 07/15/2020 Attommey for Non-Party Petitioner Clerk of the Court ChristopherL. Dion in pro se BY: EDNALEEN ALEGRE Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO 10 INSURANCE COMMISSIONER OF THE CASE NO. CPF-16-515183 11 STATE OF CALIFORNIA, Hon. Ethan Schulman, Dept. 302 12 Applicant, RESTATED DECLARATION OF 13 CHRISTOPHER L. DION IN SUPPORT vs. OF PETITIONER’S MOTION RE 14 CASTLEPOINT ORDERS AS THEY CASTLEPOINT NATIONAL RELATE TO VERIFIED PETITION 15 INSURANCE COMPANY, and DOES 1— FILED UNDER THE PUBLIC RECORDS 50, inclusive, ACT (GOV. CODE § 6250 ET SEQ.) 16 Respondents. [Filed concurrently with Notice of Motion and 17 Motion re CastlePoint Orders as They Relate to Verified Petition; Memorandum of Points and 18 Authorities; and (Proposed) Order] 19 Date: August 13, 2020 20 Time: 9:30 am. Dept. 302 21 Judge: Hon. Ethan Schulman Reservation ID: -a- 22 23 DECLARATION OF CHRISTOPHER L. DION 24 I, CHRISTOPHER L. DION, do hereby declare: 25 1 I am a member in good standing of the State Bar of California. I have personal 26 knowledge of the facts hereinafter set forth and I am competent to testify to same. 2 2 I am the Petitioner in the Verified Petition for Writ of Mandate and Complaint for 28 1 DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT Declaratory Relief, styled Christopher Dion v. California Department of Insurance, et al., filed on May 15, 2020, in Los Angeles Superior Court as File No. 20STCP01687 (the “Los Angeles Writ Petition”). The Los Angeles Writ Petition seeks records under the California Public Records Act (Government Code section 6250 et seq. (the “PRA”)) from the California Department of Insurance (the “DOI”) and its Conservation and Liquidation Office (the “CLO”). A true and correct copy of the Los Angeles Writ Petition is attached hereto as Exhibit 1 and incorporated by this reference. 3 The PRA requests at issue in the Los Angeles Writ Petition principally pertain to collusion, corruption, waste and malfeasance by the DOI and its CLO in their oversight of the 10 pre-conservation, conservation and liquidation process, thereby facilitating and enabling 11 (intentionally or otherwise) wide-ranging fraud and other wrongful acts perpetrated by insurers 12 against policyholders, claimants, taxpayers and creditors. The requests more specifically 13 concern the pre-conservatorship and conservatorship actions undertaken by the DOI and its CLO 14 relating to three insurers: (i) CastlePoint National Insurance Company (“CastlePoint”); (ii) 15 California Insurance Company (“CIC”); and (iii) Century-National Insurance Company 16 (“Century-National”). 17 4 I have attempted to engage both the DOI and the CLO in meet and confer efforts to 18 avoid the filing of the Los Angeles Writ Petition and the present motion, commencing with the 19 initial PRA requests on March 9, 2020. Those efforts include the letters attached as Exhibits 1 20 through 12 to the Los Angeles Writ Petition, as well as numerous subsequent communications, 21 including inter alia the letters and emails described in Exhibits 2 through 8 below. 22 5 Attached hereto as Exhibit 2 and incorporated by this reference is a true and correct 23 copy of my May 15, 2020 letter to Cynthia Larsen at Orrick Herrington and Sutcliffe, counsel for 24 the CLO. 25 6. Attached hereto as Exhibit 3nd incorporated by this reference is a true and correct 26 copy of Ms. Larsen’s May 28, 2020 letter to me. 7 27 Attached hereto as Exhibit 4.and incorporated by this reference is a true and correct 28 2 DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT copy of my June 3, 2020 letter to Ms. Larsen and Mr. Michael Sorich, California Department of Insurance, as counsel for the DOI. 8 Attached hereto as Exhibit 5 and incorporated by this reference is a true and correct copy of my June 18, 2020 letter to Ms. Larsen and Mr. Sorich. 9. Attached hereto as Exhibit 6 and incorporated by this reference is a true and correct copy of my June 29, 2020 letter to Ms. Larsen, Mr. Sorich and Ms. Lucy Wang, Department of Justice, as counsel for the CLO. 10. Attached hereto as Exhibit 7 and incorporated by this reference is a true and correct 10 copy of my July 8, 2020 email to Ms. Wang. 11 ll. Attached hereto as Exhibit 8 and incorporated by this reference is a true and correct 12 copy of Ms. Larsen’s July 8, 2020 email to me. 13 12. Attached hereto as Exhibit 9and incorporated by this reference is a true and correct 14 copy of the court’s July 28, 2016 Order filed in the above-captioned action (this “Action’”). 15 13. Attached hereto as Exhibit 10 and incorporated by this reference is a true and correct 16 copy of the court’s July 29, 2016 Order filed in this Action. 17 14. Attached hereto as Exhibit 11 and incorporated by this reference is a true and correct 18 copy of the court’s September 13, 2016 Order filed in this Action. 19 15. Attached hereto as Exhibit 12 and incorporated by this reference is a true and correct 20 copy of the court’s March 30, 2017 Order filed in this Action. 21 16. Attached hereto as Exhibit 13 and incorporated by this reference is a true and correct 22 copy of the Declaration of Joseph Holloway filed June 19, 2019 in this Action. 23 17. Attached hereto as Exhibit 14nd incorporated by this reference is a true and correct 24 copy of the court’s August 13, 2019 Order filed in this Action. 25 18. Attached hereto as Exhibit 15 and incorporated by this reference is a true and correct 26 copy of the Supplemental Declaration of David E. Wilson in Support of Motion for Order 27 Approving Conservation and Liquidation Plan for CastlePoint National Insurance Company, 28 3 DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT filed August 5, 2016 in this Action. 19. Attached hereto as Exhibit 16 and incorporated by this reference is a true and correct copy of the article by Vadim Majmoudov (former Partner at Debevoise & Plimpton LLP), entitled Intragroup Wars: Abusive Parents, Rebellious Subsidiaries, Tax Notes: Special Report (March 29, 2016), which was published in the months leading up to the CastlePoint conservatorship and summarizes the caselaw on the use and misuse of net operating losses (NOLs) by a consolidated reporting group with a regulated subsidiary, including a parent’s ability to leverage the state insurance departments and “ransom” the regulators over the NOLs. 20. Attached hereto as Exhibit 17 and incorporated by this reference is a true and correct 10 copy of the Complaint filed June 17, 2020, as Document | in the action filed in the U.S. District 11 Court for the Southern District of New York, entitled Securities and Exchange Commission v. 12 Amtrust Financial Services, Inc., et al., Case 1:20-cv-04652 (the “AmTrust Reserve 13 Manipulation Action”). The case involves a scheme operated by AmTrust Financial Services, 14 Inc. and its chief financial officer to underreport hundreds of millions of dollars in reserves. The 15 Complaint and related documents (Exhibits 18 and 19 below) are made available to the public 16 and were downloaded from the official U.S. Government website for federal court cases 17 (https://pacer.uscourts.gov/) for Case No. 1:20-cv-04652. 18 21. Attached hereto as Exhibit 18 and incorporated by this reference is a true and correct 19 copy of the Final Judgment as to AmTrust Financial Services, Inc., filed June 18, 2020 in the 20 AmtTrust Reserve Manipulation Action, as Document 10, pursuant to which AmTrust agreed to 21 pay $10.5M to settle the charges. 22 22. Attached hereto as Exhibit 19 and incorporated by this reference is a true and correct 23 copy of the Final Judgment as to Ronald E. Pipoly, Jr., filed June 18, 2020 in the AmTrust 24 Reserve Manipulation Action, as Document 11, pursuant to which Mr. Pipoly, Jr. agreed to pay 25 $10.5M to settle the charges. 26 23. Attached hereto as Exhibit 20 and incorporated by this reference is a true and correct 27 copy of the National General Holdings Corp. July 7, 2020 press release announcing its 28 4 DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT acquisition by The Allstate Corporation for approximately $4 billion. I downloaded a copy of the press release from the Investor Relations section of the National General website on July 9, 2020. 24. Attached hereto as Exhibit 21 and incorporated by this reference is a true and correct copy of Petitioner’s Notice Of Taking The Deposition Of The Person(s) Most Qualified At Conservation And Liquidation Office, And Request For Production Of Documents, a courtesy copy of which was provided to Ms. Wang and Ms. Larsen on June 29, 2020, now revised to reflect the case no. of this Action. Counsel for the CLO has failed to propose any dates for the deposition or provide any comments or objections to the deposition notice or the categories. 10 25. Attached hereto as Exhibit 22 and incorporated by this reference is a true and correct 11 copy of Petitioner’s Special Interrogatories Propounded Upon Respondent Conservation And 12 Liquidation Office, Set One (1), a courtesy copy of which was provided to Ms. Wang and Ms. 13 Larsen on June 29, 2020, now revised to reflect the case no. of this Action. Counsel for the CLO 14 has likewise failed to provide any comments or objections to the interrogatories. 15 26. Lam informed and believe that the Los Angeles Writ Petition does not violate the 16 court orders in this Action enjoining actions against the CastlePoint estate. Nevertheless, I 17 offered to delay the proceedings against the CLO pending this Court’s ruling on the injunctions 18 as they relate to the Los Angeles Writ Petition. 19 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct and that this declaration is executed on July 13, 2020, in the City of 22 Thousand Oaks, State of California. 23 24 Ch. lb CHRISTOPHER L. DION 25 26 27 28 5 DECLARATION OF CHRISTOPHER L. DION ISO MOTION RE CASTLEPOINT ORDERS AS THEY RELATE TO VERIFIED PETITION FILED UNDER THE PUBLIC RECORDS ACT ExhibitA Electronically FILED by Supeffor Court of California, County of Los Angeles on 06/1 6/2020 03:11 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Perez, Deputy Clerk Christopher L. Dion, Esq. (SBN 124967) cdionlegal@gmail.com 2060-D E. Avenida De Los Arboles Thousand Oaks, CA 91362 Tel: (805) 328-5096 Attorney for Petitioner/Plaintiff in pro se SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES — CENTRAL DISTRICT CHRISTOPHER DION, an individual, CASE NO. 20ST CPO1687 10 Petitioner/Plaintiff, 11 VERIFIED PETITION FOR WRIT OF V. MANDATE AND COMPLAINT FOR 12 DECLARATORY RELIEF CALIFORNIA DEPARTMENT OF INSURANCE; CONSERVATION AND 13 LIQUIDATION OFFICE; and DOES I- 50, (Code Civ. Proc. §§ 1060, 1085; Public 14 Records Act, Gov. Code § 6250 et seq.) Respondents/Defendants. 15 16 17 Petitioner/Plaintiff CHRISTOPHER DION, in his individual capacity, alleges as follows: 18 INTRODUCTION 19 1 This Petition and Complaint challenges the validity of the refusal by the California 20 Department of Insurance and its Conservation and Liquidation Office to provide certain records 21 in response to a California Public Records Act request (Government Code section 6250 et seq. 22 (“PRA”)) submitted by and on behalf of Petitioner/Plaintiff Christopher Dion. 23 2. The PRA was enacted for the purpose of increasing freedom of information by giving 24 the public access to information in possession of public agencies. As the California Supreme 25 Court has opined, “[a]n informed and enlightened electorate is essential to a representative 26 democracy.” (Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1328.) This principle 27 is now enshrined in the state Constitution following the adoption of a voter-approved initiative in 28 1 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EXx-002 2004: “The people have the right of access to information concerning the conduct of the people’s business, and therefore, . . . the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. I, § 3, subd. (b)(1).) 3 The California Department of Insurance is the nation’s largest state regulatory agency. It is responsible for regulating the $310 billion insurance industry in California and keeping insurance available and affordable. Pursuant to Insurance Code section 12906, the Department of Insurance is “under control of the Insurance Commissioner.” The Department of Insurance is subject to the PRA. 4. The Conservation and Liquidation Office was created by the Insurance 10 Commissioner, within the Department of Insurance, to assist as a court-appointed conservator 11 and liquidator of troubled insurance enterprises domiciled in California. The Conservation and 12 Liquidation Office is likewise subject to the PRA. 13 5 The PRA requests at issue here focus on collusion, corruption, waste and malfeasance 14 by governmental officials and agencies, enabling wide-ranging fraud perpetrated by multiple 15 insurers. Specifically, the PRA requests concern the Department of Insurance’s repeated 16 deception of the courts overseeing the conservation and liquidation process to facilitate 17 (intentionally or otherwise) the wrongful acts by unscrupulous insurers against policyholders, 18 claimants and taxpayers. 19 6. The public interest at stake is significant. “Openness in government is essential to the 20 functioning of a democracy.” (International Federation of Professional & Technical Engineers, 21 Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 329.) “Implicit in the democratic 22 process is the notion that government should be accountable for its actions; in order to verify 23 accountability, individuals must have access to government files to permit checks against the 24 arbitrary exercise of official power and secrecy in the political process.” (C.B.S., Inc. v. Block 25 (1986) 42 Cal.3d 646, 651; International Federation of Professional & Technical Engineers, 26 supra, 42 Cal.4th at 329 [same]; Marken v. Santa Monica-Malibu Unified School Dist. (2012) 27 Cal.App.4th 1250, 1261 [same]; Sonoma County Employees’ Retirement Association v. Superior 28 Court (2011) 198 Cal.App.4th 986, 991 [same]; San Diego County Employees Retirement 2 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-003 Association v. Superior Court of San Diego County (2011) 196 Cal.App.4th 1228, 1235 [same]; Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759, 764 [same].) 7 “Public disclosure is a critical weapon in the fight against government corruption. Whether there is a real impropriety or merely the appearance of an impropriety, the public has a right to know the particulars.” (Kunec v. Brea Redevelopment Agency (1997) 55 Cal.App.4th 511, 515.) The people of California deserve transparency and certainty as to whether our elected leaders are living up to the trust the voting public has invested in them. The California Department of Insurance, and its Conservation and Liquidation Office, deserve to have their names cleared if they are innocent of any wrongdoing. Full disclosure of the requested records is 10 essential to addressing these issues. 11 PARTIES 12 8 Petitioner/Plaintiff Christopher Dion (“Petitioner”) is an individual residing within 13 the City of Thousand Oaks, County of Ventura, State of California. Petitioner is a plaintiff in a 14 tangentially related matter (Dion v. Century-National Insurance Company, filed January 18, 15 2016 in the Los Angeles Superior Court as Case No. BC627381 (the “Century-National 16 Action”), a case of first-impression directed at exposing the insurance industry’s use of biased 17 experts to pretextually deny claims. Petitioner discovered the irregularities in the 18 conservatorship process for CastlePoint National Insurance Company (“CastlePoint”) and 19 California Insurance Company (“CIC”) detailed in this Petition as a result of research performed 20 in the Century-National Action concerning alter ego and the corporate looting of Century- 21 National Insurance Company by its affiliates during the pendency of Petitioner’s case. 22 9 Respondent/Defendant the California Department of Insurance (the “Department of 23 Insurance”) is the nation’s largest consumer protection agency. With annual direct premiums of 24 $310 billion, California is the largest insurance market in the United States and the fourth largest 25 insurance market in the world. The Department of Insurance enforces the insurance laws of 26 California and has authority over how insurers and licensees conduct business in California. It is 27 responsible for regulating the $310 billion insurance industry in California and keeping insurance 28 3 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-004 available and affordable. Pursuant to Insurance Code section 12906, the Department of Insurance is “under control of the Insurance Commissioner.” 10. Respondent/Defendant the Conservation and Liquidation Office (the “CLO”) was created by the Insurance Commissioner to assist as a court-appointed conservator and liquidator of troubled insurance enterprises domiciled in California. The CLO is an office within the Department of Insurance, and pursuant to Insurance Code section 1035 subd. (b) the Chief Executive Officer of the CLO is appointed by the Insurance Commissioner subject to the confirmation by the California Senate. The CLO acts for and on behalf of the Insurance Commissioner in conservatorship and liquidation proceedings. The Chief Executive Officer of 10 the CLO was appointed by the Insurance Commissioner as a Special Deputy Insurance 11 Commissioner in the conservatorship and liquidation of CastlePoint National Insurance 12 Company in 2016 and in the conservatorship of California Insurance Company in 2019. 13 11. Petitioner is unaware of the true names and capacities of Respondents/Defendants 14 DOES | through 50, inclusive, and they are therefore sued by such fictitious names pursuant to 15 Code of Civil Procedure section 474. Petitioner alleges on information and belief that each such 16 fictitiously named Respondent and Defendant is responsible or liable in some manner for the 17 events and happenings referred to herein, and Petitioner will seek leave to amend this Petition 18 and Complaint to allege their true names and capacities after the same have been ascertained. 19 STANDING 20 12. Government Code section 6258, subdivision (a) provides that “[a]ny person may 21 institute proceedings for injunctive or declarative relief or writ of mandate in any court of 22 competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public 23 record or class of public records under this chapter.” “Person” is defined in Government Code 24 section 6252, subdivision (c) to include “any natural person, corporation, partnership, limited 25 liability company, firm, or association ” The term “person” as used in the PRA has been 26 interpreted broadly. (Los Angeles Unified School Dist., supra, 151 Cal.App.4th at 771.) 27 28 4 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-005 13. Petitioner is a “person” entitled to institute proceedings for injunctive or declarative relief or writ of mandate to compel the Department of Insurance and the CLO to disclose public records pursuant to the PRA. JURISDICTION AND VENUE 14. This Court has jurisdiction to issue writs of mandate pursuant to Code of Civil Procedure section 1085, subdivision (a), and in the case of the PRA, pursuant to Government Code section 6259, subdivision (a), as many of the requested records are situated in and accessible electronically from the computer-based file systems of the Department of Insurance in Los Angeles County. Specifically, the Department of Insurance maintains records at its office at 10 300 South Spring Street, South Tower in Los Angeles, California. The Court has jurisdiction to 11 grant injunctive and declaratory relief pursuant to Code of Civil Procedure sections 525, 526, and 12 1060. 13 15. Venue is proper in the County of Los Angeles pursuant to Government Code 6259, 14 subdivision (a). 15 PRA REQUESTS AND MEET AND CONFER EFFORTS 16 16. On March 9, 2020, Petitioner submitted a PRA request to the Department of 17 Insurance seeking records principally pertaining to: (1) the financial condition of CastlePoint 18 National Insurance Company (“CastlePoint’”), an insurer affiliated with the Michael Karfunkel 19 Family 2005 Trust (together with its affiliates, the “Karfunkel Group”) that was placed into 20 conservatorship and subsequently liquidated; and (2) communications between the Department 21 of Insurance and the Karfunkel Group related to the CastlePoint conservatorship and to an 22 alleged scheme perpetrated by Century-National Insurance Company (“Century-National”), 23 another affiliate of the Karfunkel Group, to use biased-experts to pre-textually and wrongfully 24 deny claims. A true and correct copy of Petitioner’s March 9, 2020 PRA request is attached 25 hereto as Exhibit 1 and incorporated by this reference. The PRA requests contained in the March 26 9, 2020 letter are referred to as “Petitioner’s Initial Requests 1-3.” 27 28 5 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-006 17. Specifically, Petitioner’s Initial Requests 1-3 sought the following: (1) All communications (including emails) during the relevant period between November 11, 2014, and March 1, 2020 (the “CastlePoint Relevant Period”), between any individuals who are employed by or represent the interests of the Department of Insurance, on the one hand, and any individuals who are employed by or represent the interests of one or more of the Karfunkel Group, regarding each of the following: a. the conservatorship of CastlePoint; b the re-domestication of CastlePoint from Illinois to California in 2014; c. the surplus, reserves, capitalization and/or net operating losses of CastlePoint; the valuation of the insurance policies ceded and/or otherwise transferred to the Karfunkel Group in connection with their acquisition of CastlePoint and its parent, Tower Group International, Ltd.; 10 CastlePoint’s tax sharing agreement, the lead taxpayer of which was Condor 2 Corporation, a Delaware corporation; and 11 the releases given to members of the Karfunkel Group in connection 12 with CastlePoint’s conservatorship. 13 (2) All communications (including emails) during the relevant period between January 1, 2016, and March 1, 2020, between any individuals who are 14 employed by or represent the interests of the Department of Insurance, on the one hand, and any individuals who are employed by or represent the interests 15 of one or more of the Karfunkel Group, on the other, regarding each of the following: 16 a. the use of experts by Century-National in the adjustment of claims; 17 b any matter described in the Report on the Investigation of Century- National’s Unlawful Scheme to Pretextually Deny or Underpay Claims, 18 submitted to the Department of Insurance on or about October 1, 2019; 19 any matter described in the Addendum to the Report, submitted to the Department of Insurance on or about February 12, 2020; 20 the surplus, reserves, capitalization and/or net operating losses of 21 Century-National; and e. Century-National’s tax sharing agreement. 2: (3) All Annual and Quarterly Statements filed by CastlePoint with the Department 23 of Insurance during the CastlePoint Relevant Period. 24 18. While Petitioner’s Initial Requests 1-3 sought “all communications” between the 25 Department of Insurance and the Karfunkel Group, nevertheless, in the spirit of cooperation and 26 as a means of reducing the burden on the Department of Insurance, Petitioner offered to narrow 27 the requests and accept simply an electronic file containing the emails, which Petitioner stated 28 “may obviate the need for further production.” Petitioner also included recommended terms to 6 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-007 simplify the email search process. Petitioner further suggested that the parties set up a call to discuss Petitioner’s Initial Requests 1-3. 19. On March 19, 2020, a representative for the Department of Insurance responded by email, acknowledging receipt of Petitioner’s Initial Requests 1—3 and stating that “[t]he Department is still in the process of investigating whether there are any responsive documents.” The Department of Insurance further requested a 14-day extension of time to respond in accord with Government Code § 6253. A true and correct copy of the Department of Insurance’s March 19, 2020 email is included as part of the email thread between Petitioner and the Department of Insurance attached hereto as Exhibit 2 and incorporated by this reference. 10 20. On March 20, 2020, recognizing that the Covid-19 pandemic could impact the 11 Department of Insurance’s operations, and recognizing that the 14-day extension of time to 12 respond would likely be insufficient for the Department of Insurance to compile the emails and 13 respond to Petitioner’s Initial Requests 1-3, Petitioner once again offered to reduce the burden 14 on the Department of Insurance in the short term by tailoring a more limited supplemental 15 request for specific documents that were easier to compile. These supplemental requests included 16 a report on the CastlePoint insolvency (the “DOI CastlePoint Statutory Report”) that the 17 Department of Insurance was required to prepare in accord with Insurance Code § 985.5 18 regarding the “causes and factors which contributed to that insolvency.” Petitioner once again 19 suggested that the parties set up a call to discuss the PRA requests. A true and correct copy of 20 Petitioner’s supplemental March 20, 2020 PRA request is attached hereto as Exhibit 3 and 21 incorporated by this reference. The PRA requests contained in the March 20, 2020 letter are 22 referred to herein as “Petitioner’s Supplemental Requests 4-7.” 23 21. Specifically, Petitioner’s Supplemental Requests 4—7 sought the following: 24 (4) In accord with Insurance Code § 985.5, the report (and any supplements thereto) prepared by the Commissioner with respect to the causes and factors 25 which contributed to the insolvency of CastlePoint; 26 (5) The Annual Statements and the Quarterly Statements that were filed for CastlePoint for 2014 and 2015 with the DOI; 27 (6) The application filed with the Department of Insurance explaining the reasons for the re-domestication of CastlePoint from Illinois to California in 2014; and 28 7 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-008 (7) Acopy of the Department of Insurance’s written guidelines for accessibility of records, established in accord with Gov. Code § 6253.4(b). 22. On March 25, 2020, the Department of Insurance’s representative sent a series of emails to Petitioner, acknowledging receipt of Petitioner’s Supplemental Requests 4-7 and informing Petitioner that the Department of Insurance was prioritizing and working on these requests first. The emails also referred Petitioner to the Department of Insurance’s online portal for rate filings for information responsive to Petitioner’s Initial Requests 1-3. A true and correct copy of the Department of Insurance’s March 25, 2020 email is included as part of the email thread between Petitioner and the Department of Insurance attached hereto as Exhibit 2 and incorporated by this reference. 10 23. On the same day, Petitioner responded to the Department of Insurance’s 1 representative, highlighting that the rate filings were unresponsive and a deflection from 12 Petitioner’s Initial Requests 1-3. A true and correct copy of Petitioner’s March 25, 2020 email is 13 included as part of the email thread between Petitioner and the Department of Insurance attached 14 hereto as Exhibit 2 and incorporated by this reference. 15 24. On April 3, 2020, the Department of Insurance’s representative sent a further email to 16 Petitioner, attaching a few select documents as responsive to Petitioner’s Supplemental Requests 17 4-7. However, nearly all of the requested records had been withheld. The Department of 18 Insurance indicated that the DOI CastlePoint Statutory Report had not been prepared by the 19 Insurance Commissioner as mandated by Insurance Code § 985.5, and consequently was not 20 submitted to the Governor and Legislature in compliance with the law. The Department of 21 Insurance’s representative also indicated that the Department of Insurance was “still in the midst 22 of moving its San Francisco office to its new Oakland office, and staff is currently unable to 23 search the files where responsive records may reside.” The Department of Insurance’s 24 representative also requested that the PRA Request be withdrawn and resubmitted “after the 25 coronavirus related emergency subsides ...” A true and correct copy of the Department of 26 Insurance’s April 3, 2020 email is included as part of the email thread between Petitioner and the 27 Department of Insurance attached hereto as Exhibit 2 and incorporated by this reference. 28 8 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-009 25. On April 10, 2020, in advance of a more thorough response to the Department of Insurance’s email, and recognizing that the CLO would be the most likely place to find the majority of the records, Petitioner sent an email to the Department of Insurance merely inquiring as to whether “both the [Department of Insurance’s] office on Fremont Street, and the [CLO’s] office on Pine street, are moving to Oakland” and whether the “proper inquiries for the production [had] been made with the [CLO]?” A true and correct copy of Petitioner’s April 10, 2020 email is included as part of the email thread between Petitioner and the Department of Insurance attached hereto as Exhibit 2 and incorporated by this reference. 26. On April 14, 2020, Petitioner sent a letter responding more fully to the Department of 10 Insurance’s email, and inquiring about the lack of production. Among the inquiries were: (i) why 11 the Commissioner had failed to prepare and deliver the DOI CastlePoint Statutory Report to the 12 Governor and Legislature; (ii) whether drafts and/or notes pertaining to the DOI CastlePoint 13 Statutory Report existed, and (iii) whether the search inquiries had included the CLO and 14 whether the Department of Insurance was misleading Petitioner about the office move to 15 Oakland. Given what appeared to be evasive and misleading responses to date, Petitioner once 16 again supplemented their PRA Requests, requesting the drafts and notes pertaining to the DOI 17 CastlePoint Statutory Report. Petitioner also highlighted the irreparable harm to the claimants by 18 further delays in the Department of Insurance’s response, including the deception that had been 19 played upon the court in the CastlePoint conservatorship. Petitioner once again suggested that the 20 parties set up a call to discuss the PRA requests. A true and correct copy of Petitioner’s 21 supplemental April 14, 2020 letter is attached hereto as Exhibit 4 and incorporated by this 22 reference. The PRA requests contained in the April 14, 2020 letter are referred to herein as 23 “Petitioner’s Supplemental Requests 8-12.” 24 27. Specifically, Petitioner’s Supplemental Requests 8-12 sought the following: 25 (8) All drafts and notes prepared by the Commissioner and/or the CLO “with respect to the causes and factors which contributed to the insolvency of” CastlePoint; 26 (9) All docume reflecting the value of all ts of CastlePoint (including its 10 constituent insurers) transferred or otherwise ceded to the Karfunkel Group between 27 July 1, 2014 and the present; 28 (10) All documents reflecting the amount of each claim made against or noticed to 9 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-010 CastlePoint (including each of its 10 constituent insurers) which existed as of the date of the CastlePoint conservatorship, along with each claim thereafter made against or noticed to CastlePoint, together with the amount paid on each claim (e.g., by the conservator, the respective guarantee association, or otherwise); ab The Annual Statements for each of the 10 constituent insurers comprising CastlePoint for each of FYE 2014 and 2015; and (12) All documents reflecting the amount of pre-2015 net operating losses (““NOLs”) retained by or ceded to one or more entities of the Karfunkel Group (e.g., Condor 2 Corporation) pursuant to the Shareholder Trust Agreement for Castlepoint National Insurance Company in the CastlePoint conservatorship. 28. On April 14, 2020, the Department of Insurance’s representative sent a further email to Petitioner, yet failed to address any of the inquiries raised in Petitioner’s April 14, 2020 letter. Instead, the email merely attached the Petition for Conservatorship for CastlePoint, which 10 provided a false narrative that was in large part the genesis for Petitioner’s PRA requests. The 1 Department of Insurance also once again requested that Petitioner withdraw their pending PRA 12 requests, and also demanded that Petitioner submit a separate PRA request to the Custodian of 13 Records for Petitioner’s Supplemental Requests 7-12, in accord with the Department of 14 Insurance 36Ss 6 procedures.” A true and correct copy of the Department of Insurance’s April 14, 15 2020 email is included as part of the email thread between Petitioner and the Department of 16 Insurance attached hereto as Exhibit 2 and incorporated by this reference. 17 29. On April 15, 2020, Petitioner sent yet another letter to the Department of 18 Insurance, pointing out the Department of Insurance’s evasive and misleading responses, 19 particularly about the move to Oakland. Given that the Department of Insurance appeared to be 20 attempting to deflect any inquiry into potential fraud and misuse of the conservatorship process, 21 Petitioner suggested that the best way forward may well be for Petitioner to file a Verified 22 Petition with the Superior Court and continue to work through the issues with the Department of 23 Insurance, hopefully before court intervention. A true and correct copy of Petitioner’s April 15, 24 2020 letter is attached hereto as Exhibit 5 and incorporated by this reference. 25 30. Immediately after sending the letter, and in accord with the Department of 26 Insurance’s request, Petitioner sent an email to the Custodian of Records, attaching Petitioner’s 27 April 14 and April 15, 2020 letters and requesting that the Custodian follow the Department of 28 Insurance’s instructions set forth in its April 14, 2020 email. A true and correct copy of 10 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-011 Petitioner’s April 15, 2020 email to the Department of Insurance’s Custodian of Records is included as part of the email thread between Petitioner and the Department of Insurance attached hereto as Exhibit 2 and incorporated by this reference. 31. An hour later, Petitioner received a telephone call from Michael Sorich, an attorney with the Department of Insurance responsible for responding to PRA requests. Mr. Sorich explained that the Department of Insurance’s prior emails had been in error, including any suggestion that the CLO’s office had moved to Oakland or that the records were inaccessible. Mr. Sorich further acknowledged that he would be responsible for assisting with Petitioner’s PRA requests. Mr. Sorich indicated that he would review the requests and respond the following 10 week, at least as to whether the Department of Insurance would object that the CLO records are 11 not covered by the PRA. Mr. Sorich also said he would provide the status on the emails. 12 32. On April 22, 2020, Mr. Sorich sent a further email to Petitioner, stating only that 13 the Department of Insurance was continuing their search for records, and thanking Petitioner for 14 his patience. A true and correct copy of Mr. Sorich’s April 22, 2020 email is included as part of 15 the email thread between Petitioner and the Department of Insurance attached hereto as Exhibit 16 2 and incorporated by this reference. 17 33. On April 23, 2020, Petitioner sent an email to Mr. Sorich inquiring about the 18 matters Mr. Sorich had agreed to research (on the April 15, 2020 telephone call), including 19 whether the CLO was covered by the PRA and the status of the emails. Petitioner also provided 20 supplemental documents to assist in the Department of Insurance’s search, including the Report 21 and Addendum (with accompanying cover letters) which were referenced in Petitioner’s Initial 22 Requests 1-3 as item nos. 2(c) and 2(d), and an excerpt from the Tower Group International 23 financial statements. A true and correct copy of Petitioner’s April 23, 2020 email is included as 24 part of the email thread between Petitioner and the Department of Insurance attached hereto as 25 Exhibit 2 and incorporated by this reference. True and correct copies of the attachments to the 26 email are attached hereto as Exhibits 6 (Report), Exhibit 7 (Addendum), and Exhibit 8 (Tower 27 Financial Statements) and incorporated by this reference. 28 ul VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF EX-012 34. On May 4, 2020, Petitioner sent a letter to Mr. Sorich and to the CLO, highlighting that the Department of Insurance had failed to produce the records requested in the PRA Requests, and had failed to provide a status update on the emails and confirm that the CLO’s records are covered by the PRA Requests. Consequently, Petitioner directed the PRA Requests directly to the CLO, and further supplemented the PRA Requests with additional requests concerning CastlePoint. Petitioner once again suggested that the parties set up a call to discuss the PRA requests. A true and correct copy of Petitioner’s supplemental May 4, 2020 letter is attached hereto as Exhibit 9 and incorporated by this reference. The PRA requests contained in the May 4, 2020 letter are referred to herein as “Petitioner’s Supplemental Requests 10 13-15”, and together with Petitioner’s Initial Requests 1-3, Petitioner’s Supplemental Requests 11 4-7, and Petitioner’s Supplemental Requests 8-12, are collectively referred to as “Petitioner’s 12 Collective PRA Requests.” 13 35. Specifically, Petitioner’s Supplemental Requests 13-15 sought the following: 14 (13) All records relating to the causes and factors which contributed to the insolvency of CastlePoint; 15 (14) All records relating to the claims against CastlePoint (and its 10 constituent insurers) existing as of January 1, 2014 or made after January 1, 2014, including the 16 amount of the claim, the amount of the reserves, whether the claim was included or 17 excluded in the conservatorship, and the ultimate resolution and payment of the claim, and including all summary reports of such claims prepared by or for the 18 Department of Insurance and/or the CLO. For the avoidance of doubt, the requested records include, without limitation, the records relating to the claims th