Document 44o89LO6yoN16mw2o7OY1VNax

mcDonouen GROUP PLAINTIFF'S EXHIBIT BOND-248 MCDONOUGH CAPERTON/CLEVELAND Suite 106 3733 Park East, Cleveland, Ohio 44122 (216) 464-6920 January 23, 1981 Jack Randall, Inc. Attorneys at Law 500 International Bldg. 722 Chestnut Street St. Louis MO 63101 /' Lear Mr. Randall: YOUR FILEt ANDREW MAYBERRY (DECEASED) - EMPLOYER* BONDEX INTERNATIONAL, INC. ___ My thanks to you for discussing this matter with me on the ini morning of January 20. The matter has now been referred Co Commercial Union as the infor mation you provided me enabled me to determine that there were other coverages available, and the coverage which seems to be applicable here is with Commercial Union if I have properly interpreted the information we have just received. If this office can be of any further help in coordinating dis \y position of this matter, please let me know. Very truly yours. Carl B. Jennings Claim Manager CBJidlh cc: Douglas Wood, Bondex International cct R. E. Klar, RPM, Inc. cc: James D. lacy, Bondex International cc: Vernon Hoerath, Commercial Union BON - 02257 7 nOUGH GROUP MCDONOUGH CAPERTON/CLEVELAND Suite 106 3733 Park East, Cleveland, Ohio 44122 (216) 464-6920 January 23, 1981 I Mr. Vernon Koerath, Manager Claims Department Commercial Union Associates No. 10 Broadway 'O' St. Louis MO 63102 ! I Dear Mr. Hoerath: i i INSURED: RPM, INC. - BONDEX INTERNATIONAL, INC. W.C. CLAIMANT: ANDREW MAYBERRY DATE 0? DEATH: 12-30-79 POLICY: CWG 588257 <9-19-77 to 78) POLICY: CWG 660501 <9-18-78 to 79) iI \ . Attached are copies of material correspondence from our file which will be of some assistance to you in setting up your fils. .This matter came to our attention on November 17, 1980 by virtue \\ . of Mr. Douglas Wood's latter dated November 13. \ ' We had taken the arbitrary date of September 19 from the attorney's letter, but that date is not particularly significant at the moment. When this matter cams to our attention, we attempted to have the file brought up to date by referring it to the Aetna Life & Casualty Company since they have been the carrier for the past two years. We were without a specific date of occurrence and did not really have enough information to know exactly where the file should be referred. When the Aetna Casualty & Surety compensation claims department declined to accept it on the grounds that they had no coverage as of 9-19-79, we then attested to obtain some additional information from Attorney Randall. We made several telephone calls to his office, but they were not returned. On the morning of January 20, I did talk to Mr. Randall by telephone and obtained some addi tional information. BON - 02258 V ` Mr. Vernon Koerath -2- January 23, 1981 Mr. Randall informa me shat tha claimant* laat date of work was 8-11-73 and that ha was hospitalised at St. Louis University Hospital ro August 11, 1973 until October 1978, when he was dis charged. Attorney Stands11 further cells us that in September 1979, Mr. Mayberry's condition vas diagnosed as cancer. I do not have copies of any radical information which would support or refute that dace. Attorney Randall further stated that the deceased had bean in the hospital three times during 1978 prior to August 11, 1978. Bonder had no knowledge or Information of any of this as being work-related. When I talked with Attorney Randall I suggested to him that the employer had no indication that Mr. Mayberry's ill health was work-related. The attorney frankly acknowledged that he did not come into the case until aoaetimioi after Me. Mayberry had passed away and that it was, as expected., at that time that the fact that -!r. Mayberry may have been exposed to asbestos daring his employment as a paint mixer with Bondex. Mr. Mayberry -;as given weekly paychecks until the latter part of December 1979. These checks were due him because of accumulated vacation, birthdays and holidays, etc* Mr. Douglas Wood, Vice President of Production at Bondex Inter national, tells ae that during January 1980 ha had several telephone calls from the widow asking Mr. Wood why Mr. Mayberry's pension checks had not- been forthcoming. Mr. Wood explains to me that any pension due Mr. Mayberry would net have come from Soudex nor from an insurance company with which Bondex was related, but rather would come through facilities sponsored jointly between Bondex and the Teamsters Union. The checks would be issued through the `union. Attorney Randall stated that technically Bondex vas in fault and was to be obligated to pay death benefits from 12-30-79 up to the present time. I suggested to Attorney Randall that not all items were set In concrete and there might be extenuating circum stances to consider. He seemed somewhat amenable to drhat possi bility. I am concerned with whether or not the statute of limitations may have expired on their claim before it vas filed as I aa not familiar with the dace which would trigger the statute of limitations. In the necessary investigation that will have to be conducted, you should make your contact with Douglas Vood, Vice President of Production, Bondex International, Inc., 3616 Scarlet Oak Boulevard, St. Louis, Missouri 53122. His telephone number is 225-5001. BON - 02259 Mr. Vernon Hoerath -3- January 23, 1981 I chare la anything that we can do at this and to ba of assistance to you, please let us know. We would appreciat* vary much if you would keep us posted on developments as we are most anxious to know how this will develop. Very truly yours Claim Manager CBJ:dlh Enclosures cc: Douglas Wooi, Bondex International cc: R. S. Klar, RPM, Inc. cci Janes D. Lacy, Bondex International v BON - 02260 ^ :Donout3H ^ jpeRTon GROUP MCDONOUGH CAPERTON/CLEVELAND Suite 106 3733 Park East. Cleveland,Ohio 44122 (216) 464-6920 January 30, 1981 Oj Mr. Vernon Hoerath i Manager - Claims Dept, i Commercial Union Associates i n 10 Broadway ^ St. Louis MO 63102 Mr. Hoerath: INSURED: RPM, INC. - BONDEX INTERNATIONAL W.C. CLAIMANT: ANDREW MAYBERRY, DECEASED DATE OP DEATH: 12-30-79 POLICY NO. CWG 588257 (9-19-77 - 78) POLICY NO. CWG 660501 (9-18-78 - 79) You have perhaps not had enough time to acknowledge our letter i of January 23 forwarding this matter to you for attention, but i, hot on the heals of my telephone discussion with Attorney Randall, i; I received a copy of the letter he addressed to the Division of Workers' Compensation under date of January 23, 1981. ,A - It is apparent that he is considering that we are the insurance \ \ carrier for all practical purposes and that by forwarding us a copy of his letter he is now in a position to proceed with a hearing on the date which, may be chosen. I have not informed Attorney Randall of your probable involvement and will not do so. When you hay had an opportunity to confirm the coverage and determine that you are in fact involved, you may proceed to contact Mr. Randall at your own discretion. It will be of great comfort if we can hear from you as quickly as possible so we will know where the matter rests as far as responding to any notice which may issue from the Workers' Bureau. Very truly yours. CBJ:dlh Carl B. Jennings Claim Manager cc: James D. Lacy, Bondex International - Brunswick cc: Douglas Wood, Bondex International - St. Louis cc: Richard E. Klar, RPM, Inc. BON - 02261 Mr. Vernon Hoerath -2- January 30, 1981 B.P.S. Should anyone receive a notice of hearing on. this file, please make certain that the information is communicated to this office immediately. Regardless of the merits of the case, our position will be in jeopardy if for any reason we do not have a represen tative present at the next hearing. We would anticipate an acknowledgement from Commercial Union rather shortly, and if their response is as affirmative as I trust it will be, we will then ask that you immediately forward any correspondence received or any information obtained relating to this file to that insurance company and to this office. CBJ BON - 02262 mcDonaucsH GROUP MCDONOUGH CAPERTON/CLEVELAND Suite 106 3733 Pack East, Cleveland, Ohio 44122 (216) 464-6920 February 6 f 1981 Jack Randall, Inc. it '-1 Attorneys at Law 500 International Bldg. 722 Chestnut Street St. Louis MO 63101 Dear Mr. Randall: YOUR FILE: EMPLOYER: 'Ml ;, It is my firm belief that all information has now been made available to the proper parties in St. Louis and that you will in the immediate future receive a communication from the Aetna Casualty & Surety Company and, perhaps, from Commercial Union as to their position with respect to the coverage. There is some additional work to be done on the part of Mr. Dillon at the Aetna Casualty & Surety Company, and it may take him a little time, but certainly this matter should be resolved as far as the insurance is concerned not later than March 1. i The proceedings can then go forward with the question of merit. // My thanks to you for your cooperation, and if there is anything \( I can do to be of further assistance, please call me. !i - Very truly yours, X'cllC Carl B. Jennings Claim Manager CBJ:dlh cc: Richard Dilltoa Aetna Casualty & Surety - St. Louis cc: Vernon Hoerath Commercial Union cc: James D. Lacy -- Bondex - Brunswick cc: Douglas Wood Bondex - St. Louis cc: Richard E. Klar RPM Inc. BON - 02263 ^ :oonouc3H GROUP MCDONOUGH CAPERTON/CLEVELANO Suite 106 3733 Park East, Cleveland. Ohio 44132 (216) 464-6920 February 6, 1981 Mr. Vernon Hoerath Claims Manager f] Commercial Union Insurance v' 10 Broadway St. Louis MO 63102 !;! I : u- rI -I-------\v) Dear Mr. Hoerath: RPM, INC. - BONDEX INTERNATIONAL W.C. CLAIMANT: ANDREW MAYBERRY, DECEASED DATE OF DEATH: 12-30-79 POLICY NO. CWG 660501 (9-18-78 to 79) 588257 (9-19-77 to 78) Unfortunately I did not reach you by phone on the afternoon of February 5. 1 had talked at some length with Superintendent Dick Dillon at the Aetna claim office and provided him with the latest and complete coverage on their policies relating to the Bondex matter. \\ '/ \// \; / )> ^ It is respectfully suggested that you discuss this with Mr. Dillon and see if between you, you can agree on who should bear the laboring oar if both companies are involved; or if possible, resolve the question down to the point where only one company may have the responsibility. , The reason for my vacillation is__that we are confronted with various dates germane to the file, and I'm not certain what the law is in Missouri with respect to fixing dates of responsibility when various possible dates are produced. We start with the fact that this man worked for the company over twenty years and his last date of employment was August 11, 1978. We are informed that he was hospitalized on August 11, 1978 and that he had been hos pitalized three different times during the year of 1978. Claimant*8 attorney has informed me that the deceased's condition was diagnosed as cancer in September 1979, but I do not know the exact date. BON - 02264 Mr. Veruon Hoerath February 6, 1981 I'm sure that Attorney Randall will be glad to have some definite comment from either of you two gentlemen and that we must not anticipate his patient to extend too long since he has made his second filing in this matter. 1 thank you very much for your demonstrated cooperation and per haps we'll have occasion to talk with you before the time you receive this letter; but I'm very anxious we resolve these loose ends as soon as possible. Very truly yours C3J:dlh Carl B. Jennings Claim Manager CC: James D. Lacy Bondex International - Brunswick cc: Douglas Wood Bondex International - St. Louis cc: Richard E. Klar RPM, Inc. cc: Richard Dillon Aetna Life & Casualty - St. Louis 7 /. BON - 02265 ^ mcoonouGH capeRTon MCDONOUGH CAPERTON/CLEVELAND Suite 106 * 3733 Park East, Cleveland, Ohio 44122* (216) 464-6920 February 6, 1981r :! Mr. Richard Dillon, Claims Supfc. [i H Aetna Life & Casualty Company 940 Westport Plaza' St. Louis MO 62141 * ~ .. * j/f'^ Dear Dick: ij !! i' j V:'' \'-~J - *- RPM, INC.'- BONDEX INTERNATIONAL CLAIMANT: ANDREW MAYBERRY, DECEASED DATE OF DEATH: 12-30-79 7 AETNA POLICIES: ASSIGNED RISK 94 C 51718 CAA (9-23-78 to 9-23-79) ' ENDORSEMENT EFF. 9-19 on POLICY 94 C 51718 CAA POLICY NO. 94 C 205832 CAA (9-23-80 to 9-23-81) !' Mr. Hoerath was not available on the afternoon of February 5 li when I tried to call him at the St. Louis claims department of the Commercial Union Insurance Company. ' The Commercial Union policy doe* not seem to be involved. They J; had a policy in effect from 9-19-77 to 78. The Aetna's policy i [ picked up At 9-19-78 after the endorsement was on to correct the i date. Aetna also had a policy on the account from 9-23-80 to u 9-23-81., ~ w-." U - j . . ", It will1depend a great deal on what the law in Missouri provides as to the effective dates of the policy as related to the date of occurrence. Bear in mind, the deceased was employed for over twenty years with Bondex. His last date of employment was 8-11-78. We are told by Attorney Randall that Mr. Mayberry entered the hospital on 8-11-78 and that he had been hospitalized three times during the year of 1978. Attorney Randall also tells me that Mr. Mayberry's condition was diagnosed as cancer in September 1979, but I do not have a date. It was my hope that with the familiarity of your people and the knowledge of the Commercial Union people, you would be able to BON - 02266 Hr. Richard Dillon -2- February 6, 1981 reach a clear-cut decision in a few moments as to what would determine the policy and policy period involved. As I mentioned in our telephone conversation of Thursday, February 5, the attorney representing the widow has filed this claim for a second time, and I am sure he is not going to be very patient as far as allowing additional time. I will write to him and sug gest that all questions should be resolved by the first of March, but in the meantime, I would respectfully suggest it might be well for you to make personal contact with him to reassure him that something is being done to resolve the question and prepare to go ahead.on merit. I still think it is unfortunate that someone did not make a casualty inspection of the file to sea whether or not there was anything of interest. Ple.ase keep me posted and let me know very shortly that this matter is under control 30 I can give it a generous diary and report to the policyholder that their interests are being properly and adequately protected. Very truly yours. 0 r, / Carl 5. Jennings'Claim Manager CBJ:dlh cc: James D. Lacy Bondex International cc; Douglas Wood Bondex International Brunswick St. Louis cc: Richard E. Klar RPm, Inc. BON - 02267 MCDONOUGH CAPEHTON/CLEVELAND Suite 106 3733 Park East. Cleveland,Ohio 44122 1216) 464-6920-Telex: 985665. February 23, 1981 Mr. Richard Dillon, Supt. Claims Department.. Aetna Casualty & Surety Co. 940 West Port Plaza St. Louis MO 62141 Dear Dick: RPM, INC. - BONDEX INTERNATIONAL CLAIMANT: ANDREW MAYBERRY, DECEASED DATE OF DEATH: 12-30-79 DATE OF DIAGNOSIS: 9-9-79 POLICY: 94 C 5178 CAA and 94 C 205832 In view of the confusion and lost motion in the beginning of this file, I am somewhat concerned as to where it may stand at the pre sent time. Bear with me and try to get the information I need so that I can put this to rest with the assurance it is having your professional attention. I would like to know whether or not you or someone from.your .office has had a.chance to discuss this with Mr. Hoerath at Commercial Union to reassure him you have accepted responsibility for handling the file, if that is the case. Have you talked to Attorney Randall Has someone had an opportunity to look at the file in the Workers' Comp. Bureau? If so, what Is the present status, and what is sche duled for upcoming developments? Do you have someone scheduled to appear at hearings? I am concerned to know what would be used as the date of occur rence, although I think the entire incident is sufficiently well bracketed that the actual date will be of very little consequence. Douglas Wood, Vice-President - Bondex International, St. Louis, has not heard from anyone on this matter/ and we ask that you please extend him the courtesy of keeping him posted since this is a mat ter which will affect his records. Attached is a notice of workers' compensation news, and it is of interest although not necessarily good news. Very truly yours, CBJ:dlh Enclosure Carl -B. Jennings Claim Manager cc: James B. Lacy, Bondex - Brunswick cc: Richard E. Klar, RPM 7>. .4. I'T - /TPr-J. , 7. BON - 02268 Mro eoY with r*o' < mcoonoucsH GROUP MCDONOUGH CAPERTON/CLEVELAND Suite 106 * 3733 Park East, Cleveland, Ohio 44132 (216) 464-6920 February 25, 1981 Mr. Richard Dillon U Claim Superintendent Aetna Life & Casualty Co. 940 Westport Plaza St. Louis MO 62141 I I Dear Dick: i! RPM, me. - BONDER INTERNATIONAL, INC. , CLAIMANTi . ANDREW MAYBERRY, DECEASED AETNA POLICY NO. ASSIGNED RISK 94 C 51718 (9-23-78/79) POLICY NO.. 94 C 54215 (9-23-79/80) !Di POLICY NO.. 95 C 205832 (9-23-80/81) Thanks very much for your patience in our telephone conversation on the morning of February 25. From that conversation, I obtained enough information to pursue the coverage further, and I think I now have it clearly in mind and hope sqr explanation will coincide with your conclusions. The endorsement put on Policy 94 C 51718 for the period 9-23-78/79 7 wee for the purpose of affording Missouri coverage on that policy which had not given coverage in Missouri. It was also to afford coverage in Missouri effective 9-19-79, which was the expiration date of the Commercial Union Policy K&. 660501, 9-19*78/79. Up to that point, the Commercial Union policy afforded workers* compensa tion coverage for the State of Missouri only. When that policy expired, there was no coverage for workers* compensation in Missouri until Policy 51718 was endorsed affective 9-19-79. Policy No. 51718 was an all state coverage policy, but that was not e literal explanation for. the coverage since it did cover only those states which had been listed on the policy, and prior to the endorsement the coverage had not been listed. While this clears up the question of the effective date of the endorsement and where the coverage rested during the terms for these various policies, we still do not know which policy will have to bear the burden since, ve are without any specific infor mation as to the date of manifestation, which I understand ia the determining factor as to coverage in Missouri. BON - 02270 Mr. Richard Dillon -2- Fabruary 25, 1981 I expact to be In telephone contact with Attorney Randall this evening as I missed him earlier today, but left word with his office that I would call him this evening. I have requested copies of the documentation which he submitted and which proports to establish the date of the loss. Whether or not he is going to make that available to oe, I do not know. That is the one thing I had hoped someone in St. Louis would accomplish by a brief visit and examination of the file. The workers* compensation file number ae I lave it is 78-142-715. There is a strong possibility that Commercial Union will be in volved in this matter again and, in fact, could possibly be the only carrier involved. Would you be good enough to call Vernon Hoerath, Manager, Commercial Union Aaaociatea, #10 Broadway, St. Louis MO 63102, and explain this situation aa it now stands. I would call him, but 1 do not have his telephone number. 1 will . write to him as soon as X. have e conversation with the attorney or get some idea what the, claim date is actually going to be. 1 am still somewhat concerned that no one has taken the time or trouble to notify Douglas. Wood at Bondex in St. Louis that this matter la not being neglected, but that there simply were some questions which had to be. answered before it could be determined who would beer the burden, of looking after this case to conclusion. As I have stated before and at the risk of being redundant, someone must get into this case a# far as determining the merits, and ve must make every effort to avoid the spectacle of two insurance com panies engaging in a rock-throwing contest while e member of the public with a claim stands on the sidelines, hat In hand. I will be grateful to you for any help you can give me in trying to get this case to that point. . Claim Manager CBJ:dlh cc: Douglas Wood, Bondex - St. Louis cc: James D. Laicy, Bondex - Brruunneseiwvidck i cc: Richard S. Klar, RIM - Maedina BON - 02271 \ lOnOUCSH >i3eRTon aHEPHeRO GROUP MCDONOUGH CAPERTON/CLEVELAND Suite 106 3733 Park East. Cleveland, Ohio 44122 (216) 464-6920 February 25, 1981 u y Hr. Vernon Hoerath Manager, Claims Dept. Commercial Union Associates #10 Broadway St. Louis MO 63102 Dear Mir. Hoerath: POLICY NOS. CWG 588257 (9-19-77/78) CHG 660501 (9-19-78/79) INSURED: RPM, INC. - BONDER INTERNATIONAL W.C. CLAIMANT: ANDREW MAYBERRY, DECEASED DATE OF DEATH* 12-30-79 DATE OF MANIFESTATION* NOT DETERMINED It appears there Is still a possibility your coverage will be involved here, and 1 am s.till trying to get some physical evi dence to indicate what the date of manifestation was. It Is my understending that the date of manifestation is the determining factor as to yhich policy would be applicable in cases of this nature. If this is not in line with your under standing, would you please give me the benefit of your thinking as to what would detsxmine the policy period involved^ I am expecting to. talk to Attorney Randall by telephone within the next 24 hours and explain to his* ay reason for requesting such documentation and hope he will oak* it available. I cannot avoid com&entlng again that if someone had visited the Compensation Bureau, it might have resolved this question some time ago, but that is water over the dam and we must now do what ve can to gat the matter straightened out without further delay and look forward to soma .effort to resolve the matter on merit. BON - 02272 Mr. Vernon Hoerath -2- February 25, 1981 We have dona out best to alert both Commercial Union and Aetna Casualty & Surety Company as to possible exposure and certainly very definite exposure to. one or the other of the carriers, but somehow it seems to be taking considerably sore time than it should. Anything you can do to help clear away the vail of uncertainty ao that the responsible party can proceed with the merits of the case, it would be very much appreciated. Very truly yours, (j{'LL t-islc ij-vniy . Carl B. Jennings Claim Manager CBJidlh cct Richard Billon, Aetna - St. Louis cct James D, Lacy, Bondex - Brunswick cct Douglas Wood, Bondex - St. Louis cct Richard . Klar, RPK BON - 02273 Jack Randall, Inc. Attorneys at Law JACK RANDALL JOHN J. LARSEN FRANK B. CREEN JOHN J. LARSEN. JR. INTERNATIONAL BUILDING SUITE 500 72? CHESTNUT STREET ST. LOUIS, MISSOURI 63101 I314 ) 241 -7243 ILLINOIS office: *5 ARROWHEAD ROAD LITCHFIELD, ILLINOIS 62056 February 28, 1981 Mr. Carl B. Jennings Claim Manager McDonough Caperton/Cleveland Suite 106 - 3733 Park East Cleveland, Ohio 44122 Re: Employee: Andrew Mayberry, Deceased Employer: Bondex International, Inc. D/A: 8/11/78 Dear Mr. Jennings: I have your letter of February 6, 1981. I apologize for the delay in answering your letter but I have been quite busy and cases such as this are one of the reasons. Certainly. Bondex International, Inc. would know exactly the last period of time Andrew Mayberry worked for them. He worked for them for 34 years and for the last 20 years he was employed was exposed to asbestos. . Bondex International was formerly known as Reardon Paint Company and as a powder paint mixer, he was exposed to asbestos. I do not know how you could have any problem as to which insurance company is responsible for all you have to do is find out the name of the insurance company who had the coverage during ths last ninety days Mr. Mayberry was employed for Bondex International, Inc. Please have them check the payroll records and give me the last ninety days of. his employment and we can take it from there. Also, please advise where these employment records are kept. Very truly yours. JR:lg BON - 02274 5 MCDONOUGH CAPERTON/CLEVELAND Suite 106 3733 Park East, Cleveland, Ohio 44122 (216) 464-6920-Telex: 985665 March 5, 1981 Mr. James D. Lacy President Bondex International, P.0. Box 88 Brunswick OH 44212 Inc. Dear Mr. Lacy: RPM, INC. - BONDEX INTERNATIONAL, INC. CLAIMANT: ' ANDREW MAYBERRY, DECEASED COMMERCIAL UNION POLICY: CWG 588257 (9-19-77 to 78) of CWG 660501 (9-19-78 to 79) AETNA CASUALTY & SURETY: 94 C 51718 (9-23-78 to 79) . (Endorsed to be effective 9-19-79) 94 C 54215 (9-23-79 to 80) 94 C 205832 (9-23-80 to 81) W.C. FILE: WCB 78-142-715 Subsequent to my letters of February 25,. 1981 to Richard Dillon, . Aetna Casualty & Surety Claims Department - St., Louis, and Vernon Hoerath, Claims Manager - Commercial Union Associates, I was in telephone conversation with both of those gentlement several times on the 26th of February. The end result was that Messrs. Dillon and Hoerath promised to get together and accompany the Aetna Casualty & Surety Company's counsel to the Workers' Compen sation Bureau where they will attempt to discuss this, situation with the hearing officer or referee and arrive at a decision as to which policy would be applicable. You will recall there was confusion as to what would be considered date of occurrence. Originally I took the only date available to me which was a date in the body of the letter from claimant's attorney, Mr. Randall. That proved to be less than accurate, and we are now trying to resolve the question of whether the date of manifestation, last date of employment or date of demise will be controlling. I had two telephone conversations with claimant's attorney. On February 25, Mr. Randall told me It was his opinion that the con trolling factor would be the last day of employment, which was BON - 02275 Mr. James D. Lacy -2- March 5, 1981 the last exposure to possible asbestosis. The attorney further pointed out his conclusion was predicated on Missouri Statute Section 287.063 of the Occupational Disease Act of the State of Missouri. Messrs. Hoerath and Dillon are not in agreement with that conclusion. My primary interest from the beginning of this file has been to try to avoid any possible default being entered on the record and at the same time try to keep Attorney Randall convinced that we were making a sincere effort to get this matter on track and not to push him into a position where he would disregard the workers' compensation and start some activity on the liability premise. It is my hope that I will be hearing from both Richard Dillon and Vernon Hoerath within the next day or so and that we should have more conclusive information at the time of our next conver sation. Very truly yours. Claim Manager CBJrdlh cc: Douglas Wood, Bondex - St. Louis cc: Richard E. Klar - RPM cc: Richard Dillon - Aetna C & S - St. Louis cc: Vernon Hoerath - Commercial Union - St. Louis P.S. The attached arrived aftea?- dictation of the above. We are aware that this is his position. BON - 02276 f i 1< .i jj__LL *. ( :( < !! 1 M ; ! If : M If !I { ') 1 i J 1 ' I ) MCDONOUGH CAPERTON/CLEVELAND Suite 106 3733 Park East. Cleveland, Ohio 44122 (216) 464-6920Telex: 985665 March 11, 1981 Mr. James D. Lacy President Bondex International, P.0. Box 88 Brunswick OH 44212 Inc. Dear Mr. Lacy: W.C. CLAIMANT: ANDREW MAYBERRY, DECEASED D/0: 8-11-78 (SUBJECT TO REVISION) It is with considerable relief that I inform you that in tele phone conversation with Superintendent Richard Dillon of the St. Louis claims 'department of Aetna Casualty & Surety Company, they have filed an answer to the claim presented by Attorney Randall in behalf of the widow of Andrew Mayberry. As reported previously, representatives of the Aetna Casualty & Surety Company, together with representatives of Commercial Union, went to the Workers' Comp. Bureau in St. Louis and attempted to obtain sufficient information to resolve the ques tion of whose policy would be applicable. While there is not a definitive decision, it was Mr. Dillon's decision that in the interests of all concerned an answer be filed without further delay while they will continue to resolve the still unanswered question as to_what will determine the applicable policy coverage. Inasmuch as Attorney Randall has specifically based his case on the Missouri statute under Occupational Disease Act Section 287. 063, that specific question must be resolved as quickly as possible. Mr. Hoerath of Commercial Union is still not convinced he is involved and, perhaps, will not be so persuaded until after the above question has been resolved. This case may also be defensible on the grounds of a_non-workrelated condition. Mr. Dillon is aware of that possibility, and BON - 02277 James D. Lacy -2- March 11, 1981 it is predicated on the fact that a goodly portion of medical and hospital expenses were picked up by the union benefit program that covers only non-workers' compensation related items. This fund is a joint venture with contributions from both employer and the union. Mr. Dillon has promised to keep us, and all concerned, informed of developments. I am very appreciative of Mr. Dillon's cooperation and his parti cipation and look forward to the early dissolution of any remaining problems. Should you have any questions on this matter, please let us know. Mr. Dillon is keeping in touch with Mr. Wood on this file. Very truly yours, OcuX & Carl B. Jennings Claim Manager ^-dC/4) CBJ.-dlh cc: Douglas Wood, Bondex International - St. Louis cci Richard E. Klar, RPM / BON - 02278 /r)rIOoUnGH /H6RO UP MCDONOUGH CAPERTON/CLEVELANO Suite 106 * 3733 Park East, Cleveland, Ohio 44122 (216) 464-6920 March 11, 1981 Mr. Jack Randall Jack Randall, Inc. International Bldg., Suite 500 722 Chestnut Street St. Louis MO 63101 Dear Mr. Randall; YOUR W.C. FILE: 78-142715 EMPLOYER: BONDER INTERNATIONAL, INC. EMPLOYEE: ANDREW MAYBERRY, DECEASED This will acknowledge receipt of your letter of February 28. It is my understanding this matter is now being attended and that an answer has been filed. r\\\ tnj f Please accept my thanks and appreciation for your patience in this matter, and if it should fail to move forward, please let me know and I will be. very happy to be of any assistance possible. Very truly yours, Lj QcmJ-' Carl B. Jennings Claim Manager CBJ:dlh cc: James D. Lacy, Bonder - Brunswick cc: Douglas Wood, Bonder - St. Louis I f BON - 02279 BONDEM )' ; () ' 1 (]<< INTERNATIONAL, INC. BOX 88 BRUNSWICK. OHIO 44212 216/225-3160 * TELEX 085416 An Company June 7, 1982 McDonough Caperton * 3733 Park East Suite 106 Cleveland, OH 44122 ATTN: Carl Jennings RE: Claimant: Andrew Mayberry D/0: 8-11-78 , Dear Cayl: Your letter dated March 11, 1981, a copy of which is enclosed, is the last that I have on file for this matter. If your files show that this is still an open case will you please bring me up-to-date. Thank you. Very truly yours, BONDEX INTERNATIONAL, INC. JAF/kmy John A. Fleming Treasurer BON - 02280 McDcf.o-rh Careen / Cievslsnl S'J.'.n io~ 3733 Park Ea:* Ohi: 4412- July 1, 1982 Mr. Vernon Hoerath Claims Manager Commercial Union Insurance Co. 10 Broadway St. Louis MO 63102 Dear Mr. Hoerath: INSURED: RPM, INC. - BONDEX INTERNATIONAL, INC. W.C. CLAIMANT: ANDREW MAYBERRY (DECEASED) YOUR POLICY: CWG 588257 (9-19-77 to 78) CWG 660501 (9-19-78 to 79) Please refer,to my letter to you under date of April 8, 1982 inquiring as to the status and possible disposition of this claim. Your file should indicate that I was in telephone conversation with your office on several occasions during my efforts to find out just where the coverage might rest. Now that it has apparently been resolved, we are very anxious to keep this valued policyholder posted on material developments and final disposition. Very truly yours. Carl B. Jennings Claim Manager CBJ:did cc: Richard E. Klar RPM, Inc. - Medina, Ohio cc: Douglas Wood Bondex International -- St. Louis, Missouri ,cc: John A. Fleming Bondex International - Brunswick, Ohio ^ thu co; y BON - 02281 McDonough Caperton / Cleveland SUITE 106 3733 Park East Driva Clvlad. Ohio 44122 July 26, 1982 Mr. Douglas Wood Vice President - Production Bondex International, Inc. 3616 Scarlet Oak Boulevard St. Louis MO 63122 Dear Doug: W.C. CLAIMANT: ANDREW MAYBERRY (DECEASED) D/0 (DATE OF DEMISE): 12-30-79 As you know, there have been many months of correspondence between this office and Aetna Casualty & Surety Company and Commercial Union Insurance Company to resolve the question of coverage. We have now received the first report from Commercial Union indicating specific effort to make a determination of the merits of this case. Commercial Union informs us they are in the process of defending the case under the Missouri law. The matter has not as yet been set on the docket for further hearings. Commercial Union has taken depositions of several doctors and has learned that Mr. Mayberry's body was donated to the Logan Chiropractic College. At the present time, copies of all records concerning autopsies and medical history are being processed. They have yet to determine whether or not these records will be of any material benefit to them. 1 We do hope that this file will receive continued attention and move forward to some definitive resolution without further delay. Very truly yours. Carl B. Jennings Claim Manager CBJ:did cc: John Fleming, Treasurer, Bondex International cc: Richard E. Klar, RPM BON - 02282 McDonough Coperton / Cleveland SUITE 106 3733 Park East Drive Cleveland, Ohio 44122 September 7, 1982 Ms. Jean Hipp Workers' Compensation Specialist Commercial Union Insurance Co. 10 Broadway St. Louis MO 63102 Dear Ms. Hipp: INSURED: BONDEX INTERNATIONAL, INC. (RPM) W.C. CLAIMANT: ANDREW MAYBERRY (DECEASED) In your letter to us under date of July 12, 1982, you informed us that this deceased claimant's body had been given to the Logan Chiropractic College and that efforts were being made to process and copy records which would enable us to determine the official cause of death. It would seem there must be an official certificate of death on record in St. Louis County or the City of St. Louis. If he died in some other jurisdiction, then the locus of his death should also have a record of the attending physician at time of death'or a coroner's report in the event he died under circumstances which did not provide for an attending physician's report. We are very anxious to find out just which way this matter is going, and I am sure that in light of the present activity in asbestos litigation you can appreciate this policyholder's concern. ^ Anything you can do in the immediate-future to clear the air will be greatly appreciated. Very truly yours CBJ:did cc: Douglas Wood^j cc: James Fleming^ cc: Richard Klar Carl B. Jennings Claim Manager BON - 02283 McDonough Caperton / Cleveland SUITE 106 3733 Park East Drive Cleveland, Ohio 44122 September 7, 1982 Mr. Douglas Wood Vice President - Production Bondex International, Inc. 3616 Scarlet Oak Boulevard St. Louis MO 63122 Dear Doug: EMPLOYEE: ANDREW MAYBERRY (DECEASED) D/0 (DATE OF DEMISE): 12-30-79 Attached is a copy of my letter of July 26, 1982 to you which I assume you received, but if not I'm sorry it went astray. In our telephone conversation on the morning of September 3, I was a little overly optomistic in my thinking and was attempting to recall details without having the benefit of a fresh look at the file. You will not from the letter of July 26 that they have not yet had the benefit of a decision from the death certificate. It would seem there has been enough time lapse since the July report that we should now have some definitive information based on the various records, and I am asking that the Commercial Union Insurance Companies give us a current report and make information available to you. In looking back over notes that I made as a result of a phone conversation with Aetna Casualty & Surety Company on March 22, it was then thought that the deceased had died of cirrhosis of theiliver, but whether or not there was any cancer involved had not been resolved, nor was it known definitely one way or-the other. I'm sorry if I gave you the impression I had something definite when in fact I did not and still have not seen any official records which we hope will shortly be available. Very truly yours CBJ:dld Enclosure Carl B. Jennings Claim Manager cc: John Fleming, Bondex International" cc: Richard E. Klar, RPM / BON - 02284 M'.C'jr.ou^h Caperion / Cleveland SUITE 106 3733 Park East Driva Cleveland, Ohio 44122 September 24, 1982 Ms. Jean Hipp Workers' Compensation Specialist Commercial Union Insurance Co. 10 Broadway St. Louis MO 63102 Dear Ms. Hipp: INSURED: RPM - BONDEX INTERNATIONAL, INC. CLAIMANT: ANDREW MAYBERRY (DECEASED) DATE OF DEMISE: 12-30-79 Thank you very much for your letter of September 14 to which you attached a copy of the official certificate of death and a copy of a letter from defense attorney Vokoun under date of September 13, 1982. I write at this time just to be certain that in your files you have some information which may be of assistance. During the course of discussing the question of coverages, we continued to try to get as much information as we could on the facts related to Andrew Mayberry's employment record. As you perhaps know, his last date of employment was August 11, 1978. We are also informed, without official verification, that he entered St. Louis University Hospital on August 11, 1978 and that he had a diagnosis of cancer on 9-79 according to the claimant's attorney. Claimant was discharged from the hospital October 1978 and had been hospitalized on three different^occasions during the year of 1978. Perhaps the most interesting information that may be of possible help is the fact that during his employment at Bondex, he was hospitalized and treated medically under a union membership health benefit program. That program, of course, was designed to take care of non-work-related illnesses and incidental medical expenses. Mr. Douglas Wood, Vice President of Production at Bondex, will be able to identify the proper union contact through which you and/or the defense attorney may be able to obtain medical records covering benefits paid under the union program. It is just possible that those medical records will reflect conditions existing prior to the diagnosis of cancer. Maybe that medical information obtained through the union program would be of some defense benefit. BON - 02285 Ms. Jean Hipp -2- Sept. 24, L982 My thanks to you for the informative report, and we look forward to hearing from you at intervals when there are material developments to report. Very truly yours. Carl B. Jennings Claim Manager CBJ:did cc: Douglas Wood Vice President - Production Bondex International, Inc. cc: Richard E. Klar Vice President - Finance RPM, Inc. P.0. Box 777 Medina OH 44258 BON - 02286 McDonough CapertonJ Cleveland SUITE 106 3733 Park East Drive Cleveland, Ohio 44122 April 26, 1984 Ms. JAan Hi| Workers' Compensation Specialist Commeroufal Union Insurance Co. 10 Broadway St. LcfulLs MO 63102 Dear Ms. Hipp: INSURED REM. INC. =_B0NDEX INTERNATIONAL *claii:^ofdeaANDREW MAYBTOR^DECEASED) DATE .TH-;--12^30---Y9----- You gave us a longhand footnote to your report of March 16, 1983 to the effect that "continued, claimant's attorney did not show up". Has anything happened to this in the past year? I know this is a difficult file to evaluate, but I would like your best educated guess as to where you think this will ultimately end. Very truly yours. CBJ:did cc: John A. Fleming '; Bondex International" cc: Julius K. Nemeth RPM, Inc. Carl B. Jennings Claim Manager BON - 02287 McDonough Caperton / Cleveland SUITE 106 3733 Park East Drive Cleveland, Ohio 44122 June 7, 1984 Mr. yulius/fc. Nemeth Vice U?reldent RPM, In6. P.O. Box 777 Medina OH 44258 Dear Julius: RPM - BONDEX CLAIMANT: ANDREW MAYBERRY (DECEASED) DATE OF DEATH: 12-30-79 Our inquiry of April 26 went unanswered until today, and we received word that this case was closed on May 30, 1984 for $10,000. This information comes to us from the workers' compensation specialist of the Commercial Union Insurance Company in St. Louis, Missouri. I would hope they have kept Mr. Wood fully informed on a current basis, and it may be that if you contact him, he can fill you in and give you a better idea as to why it became necessary to pay $10,000 on this item. I have no reluctance to go back to Commercial Union for such information, but their luke warm response to previous inquiries leads me to believe that in the interest of time, Mr. Wood may already have that information. They have not provided me with their claim file number, but the matter was apparently handled by a Ms. Jean Hipp. Her telephone number in St. Louis, is 621-8131, and by copy of this to Mr. Wood, will alert him so he can call her if need be. 1 "Very truly yours. CBJ:did Carl B. Jennings Claim Manager _______ _ ' cc: Charles W. Buell Bondex International P.O. Box 88 Brunswick OH 44212 cc: Douglas Wood Bondex International 3616 Scarlet Oak Boulevard St. Louis MO 63122 BON - 02288