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Kenneth N. Greenfield, Esq. (State Bar No. 105721)
Alexandra N. Selfridge, Esq. (State Bar No. 247063) MATEO C;OUNTY
LAIV OFFICES OF
KENNETH N. GREENFIELD
16516 BERNARDO CENTERDRIVE, SUITE 210
NIL y' ((3I
SAN DIEGO,
(858)
FAX (858)
CA 92128
675-0301
67 5-0319
I
OEP uEec
5
Attorneys for Defendant, WAWANESA GENERAL INSURANCE COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 GEORGE MARDIKIAN, ) Lead Case No. CIV 517132
) Consolidated with Case No. CIV 526757
Plaintiff, )
12 ) DECLARATIONOF DOUGLAS K.
vs. )
WOOD IN SUPPORT OF DEFENDANT
13
WAWANESA GENERAL INSURANCE
) COMPANY'S MOTION FOR
WAWANESA GENERAL INSURANCE )
14
SUMMARYJUDGMENT OR, IN THE
COMPANY, a corporation, and DOES 1 ) ALTERNATIVE,FOR SUMMARY
through 50, inclusive, ) ADJUDICATION AS TO THE
15
) COMPLAINT OF PLAINTIFF LILLIAN
16 Defendants ~
) MARDIKIAN
)
17 )
Filed Concurrentlv with:
)
Defendant 's Notice ofMotion; Memo of
18 Pd'cAs; Separate Statement; Decls. of
) Selpidge, Marlar, and Cescolini; Notice of
19 )
)
Lodgment; and (Proposed j Order
20 ) DATE: September 10, 2014
) TIME: 9:00 a.m.
21 )
DEPT: Law and Motion
)
22 Date Filed: October 3, 2012
)
Trial Date: October 14, 2014
23 )
)
24 )
FILED BY FAX
I, Douglas K. Wood, declare as follows:
26 1. I am an attorney duly licensed to practice before all of the courts of the State of
27 California and am a partner at Morris Polich & Purdy, LLP. I have personal knowledge of each of
28 the following facts and, ifcalled as a witness, could and would testify competently hereto, except
DECLARATIONOF DOUGLAS K. WOOD RE: MSJ OR, IN THE ALTERNATIVE,MSA
1 as to those matters which are explicitly set forth as based upon my information and belief and, as
2 to such matters, I am informed and believe that they are true and correct.
3 2. This declaration ismade in support of Defendant's Motion for Summary Judgment
4 or, in the alternative, for Summary Adjudication as to the Complaint of Plaintiff Lillian
5 Mardikian.
6 3. I acted as Wawanesa General Insurance Company's ("Wawanesa") coverage
7 counsel in connection with George Mardikian's automobile insurance claim (Wawanesa Claim
8 No. 933784), as well as in relation to Lillian Mardikian's request for coverage regarding that
9 same claim.
10 4. I took Mr. Mardikian's Examination Under Oath on June 1, 2012. Attached to the
11 Notice of Lodgment in Support of Wawanesa General Insurance Company's Motion for
12 Summary Judgment or, in the alternative, for Summary Adjudication as to the Complaint of
ial
I
13 Plaintiff Lillian Mardikian ("Notice of Lodgment" ) as Exhibit 5 is a true and correct copy of the
\ (nH
g z Ch
14 cited portions of Mr. Mardikian's Examination Under Oath.
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gg IL
-Q w
z 0
15 5. Wawanesa requested that I provide legal advice regarding Plaintiff Lillian
~Z v Q
16 Mardikian's November 14, 2013 request for coverage. Because I acted as coverage counsel
7
W
rn 17 during George Mardikian's initial presentation of the claim, I already had all of the claim
18 materials and the relevant insurance policy. Wawanesa provided me with Ms. Mardikian's letter,
19 and asked that I provide an opinion regarding coverage.
20 6. I reviewed Ms. Mardikian's request for coverage. In addition, I reviewed the
21 relevant claim materials, directed legal research to be done regarding the coverage issues
22 presented, and reviewed the resulting legal research. Thereafter, I spoke with Catherine Marlar of
23 Wawanesa telephonically, and expressed the opinion that there was no coverage for the fire loss
24 with respect to Ms. Mardikian because she was not a "named insured" on the Policy. In addition,
25 I communicated the opinion that Ms. Mardikian had no insurable interest in the vehicle. Next, at
26 Ms. Marlar's request, I prepared a proposed response to Ms. Mardikian's request for coverage,
27 and provided the same to Wawanesa for review and signature.
28 ///
2
DECLARATIONOF DOUGLAS K. WOOD RE: MSJ OR, IN THE ALTERNATIVE,MSA
1 1 declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct and that this declaration was cxccutcd in the City of San Francisco,
3 State of Caliiornia on June ZO 2014.
By:
DO56LAS .WOOD, Decl aran(
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DECLARATION OF DOUGI.AS K. WOOD RK: MSJ OR, IN TIIK ALTERNATIVE,NSA
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Kenneth N. Greenfield, Esq. (State Bar No. 105721) Alexandra N. Selfridge, Esq. (State Bar No. 247063) MATEO C;OUNTY LAIV OFFICES OF KENNETH N. GREENFIELD 16516 BERNARDO CENTERDRIVE, SUITE 210 NIL y' ((3I SAN DIEGO, (858) FAX (858) CA 92128 675-0301 67 5-0319 I OEP uEec 5 Attorneys for Defendant, WAWANESA GENERAL INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 GEORGE MARDIKIAN, ) Lead Case No. CIV 517132 ) Consolidated with Case No. CIV 526757 Plaintiff, ) 12 ) DECLARATIONOF DOUGLAS K. vs. ) WOOD IN SUPPORT OF DEFENDANT 13 WAWANESA GENERAL INSURANCE ) COMPANY'S MOTION FOR WAWANESA GENERAL INSURANCE ) 14 SUMMARYJUDGMENT OR, IN THE COMPANY, a corporation, and DOES 1 ) ALTERNATIVE,FOR SUMMARY through 50, inclusive, ) ADJUDICATION AS TO THE 15 ) COMPLAINT OF PLAINTIFF LILLIAN 16 Defendants ~ ) MARDIKIAN ) 17 ) Filed Concurrentlv with: ) Defendant 's Notice ofMotion; Memo of 18 Pd'cAs; Separate Statement; Decls. of ) Selpidge, Marlar, and Cescolini; Notice of 19 ) ) Lodgment; and (Proposed j Order 20 ) DATE: September 10, 2014 ) TIME: 9:00 a.m. 21 ) DEPT: Law and Motion ) 22 Date Filed: October 3, 2012 ) Trial Date: October 14, 2014 23 ) ) 24 ) FILED BY FAX I, Douglas K. Wood, declare as follows: 26 1. I am an attorney duly licensed to practice before all of the courts of the State of 27 California and am a partner at Morris Polich & Purdy, LLP. I have personal knowledge of each of 28 the following facts and, ifcalled as a witness, could and would testify competently hereto, except DECLARATIONOF DOUGLAS K. WOOD RE: MSJ OR, IN THE ALTERNATIVE,MSA 1 as to those matters which are explicitly set forth as based upon my information and belief and, as 2 to such matters, I am informed and believe that they are true and correct. 3 2. This declaration ismade in support of Defendant's Motion for Summary Judgment 4 or, in the alternative, for Summary Adjudication as to the Complaint of Plaintiff Lillian 5 Mardikian. 6 3. I acted as Wawanesa General Insurance Company's ("Wawanesa") coverage 7 counsel in connection with George Mardikian's automobile insurance claim (Wawanesa Claim 8 No. 933784), as well as in relation to Lillian Mardikian's request for coverage regarding that 9 same claim. 10 4. I took Mr. Mardikian's Examination Under Oath on June 1, 2012. Attached to the 11 Notice of Lodgment in Support of Wawanesa General Insurance Company's Motion for 12 Summary Judgment or, in the alternative, for Summary Adjudication as to the Complaint of ial I 13 Plaintiff Lillian Mardikian ("Notice of Lodgment" ) as Exhibit 5 is a true and correct copy of the \ (nH g z Ch 14 cited portions of Mr. Mardikian's Examination Under Oath. O gg IL -Q w z 0 15 5. Wawanesa requested that I provide legal advice regarding Plaintiff Lillian ~Z v Q 16 Mardikian's November 14, 2013 request for coverage. Because I acted as coverage counsel 7 W rn 17 during George Mardikian's initial presentation of the claim, I already had all of the claim 18 materials and the relevant insurance policy. Wawanesa provided me with Ms. Mardikian's letter, 19 and asked that I provide an opinion regarding coverage. 20 6. I reviewed Ms. Mardikian's request for coverage. In addition, I reviewed the 21 relevant claim materials, directed legal research to be done regarding the coverage issues 22 presented, and reviewed the resulting legal research. Thereafter, I spoke with Catherine Marlar of 23 Wawanesa telephonically, and expressed the opinion that there was no coverage for the fire loss 24 with respect to Ms. Mardikian because she was not a "named insured" on the Policy. In addition, 25 I communicated the opinion that Ms. Mardikian had no insurable interest in the vehicle. Next, at 26 Ms. Marlar's request, I prepared a proposed response to Ms. Mardikian's request for coverage, 27 and provided the same to Wawanesa for review and signature. 28 /// 2 DECLARATIONOF DOUGLAS K. WOOD RE: MSJ OR, IN THE ALTERNATIVE,MSA 1 1 declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct and that this declaration was cxccutcd in the City of San Francisco, 3 State of Caliiornia on June ZO 2014. By: DO56LAS .WOOD, Decl aran( 10 12 14 15 17 18 l 19 20 21 23 24 25 26 27 28 3 DECLARATION OF DOUGI.AS K. WOOD RK: MSJ OR, IN TIIK ALTERNATIVE,NSA