Document 7O14kNnVx9yj0MwDmGVnv2jNR

c' (T s 6. That Monsanto further recover: a. Attorneys' fees, costs, and expenses incurred in this action, and interest. b. Such other and further relief as is just and proper. POTTER ANDERSON & CORROON By utiaries b. urorapton, Jr. Richard E. Poole 350 Delaware Trust Building P.0. Box 951 Wilmington, Delaware 19S99 (302) 653-6771 Attorneys for Plaintiff, Monsanto Company OF COUNSEL: Jerold Oshinsky Stephan G. Wielgoz Patricia A. Van Dyke David M. Halbreich Susan P. Scharfstein ANDERSON BAKER KILL b OLICK 1800 K Street, N.W. Suite 700 Washington, D.C. 20006 (202) 466-7921 and - John H. Gross ANDERSON RUSSELL KILL & OLICK, 666 Third Avenue New York, New York 10017 (212) 850-0700 P.C. Dated: January 20, 1988 -26- APPENDIX A, JUKISDICTIONAL INFORMATICS The following paragraphs set forth the name, the state of incorporation, the principal place of business, and other jurisdictional information regarding each defendant: 1. . Upon information and belief, defendant Aetna Casualty and Surety Company ("Aetna") is a corporation organized under the jlaws of the State of Connecticut, with its principal place of business at 151 Farmington Avenue, Hartford, Connecticut 06156, and is licensed to do business, and is doing and transacting business, in Delaware. 2. Upon information and belief, defendant Allstate Insurance Company ("Allstate") is the successor by mercer to Northbrook Excess and Surplus Insurance Company, formerly known as Northbrook Insurance Company ("Northbrook"). Upon information and belief, Allstate is a corporation organized under the laws of the State of Illinois, with its principal place of business at Allstate Plaza A8, Northbrook, Illinois 60062, and is licensed to do business, and is doing and transacting business, in Delaware. 3. Upon information and belief, defendant American Centennial Insurance Company ("ACIC") is a corporation organized under the laws of the State of Delaware, with its principal place of business at 400 Beneficial Center, Peapack, New Jersey 07977, and is licensed to do business, and is doing and transacting business, in Delaware. 4. Upon information and belief, defendant American Heme Assurance Company ("American Home") is a corporation organized c 2C under the laws of the State of New York, with its principal place of business at 70 Pine Street, New York, New York 10270, and is licensed to do business, and is doing and transacting business, in Delaware. 5. Upon information and belief, defendant American Manufacturers Mutual Insurance Company ("American Manufacturers") is a corporation organized under the laws of the State of Illinois, with its principal place of business at Long Grove, Illinois 60049, and is licensed to do business, and is doing and transacting business, in Delaware. 6. Upon information and belief, defendant Appalachian Insurance Company ("Appalachian") is a corporation organized under the laws of the State of Rhode Island, with its principal place of business at Allendale Park, P.O. Box 7500, Johnston, Rhode Island 02919, and is doing and transacting business in Delaware. 7. Upon information and belief, defendant Associated International Insurance Company ("Associated International") is a corporation organized under the laws of the State of California, with its principal place of business at 3450 Wilshire Boulevard, Los Angeles, California 90010, and is doing and transacting business in Delaware. 8. Upon information and belief, defendant Birmingham Fire Insurance Company of Pennsylvania ("Birmingham") is a corporation organized under the laws of the State of Pennsylvania, with its principal place of business at 70 Pine Street, New York, New York c3 10270, and is licensed to do business, and is doing and transacting business, in Delaware. 9. Upon information and belief, defendant California Union Insurance Company ("California Union") is a corporation organized under the laws of the State of California, with its principal place'of business at'1600 Arch Street, Philadelphia, Pennsylvania 19103, and is doing and transacting business in Delaware. 10. Upon information and belief, defendant C.E. Heath Compensation and Liability Insurance Company, formerly known as Employers' Surplus Lines Insurance Company ("Employers' Surplus"), is a corporation organized under the laws of the State of Delaware, with its principal place of business at 1799 Old Bayshore Highway, Suite 136, Burlingame, California 94010, and is licensed to do business in Delaware. 11. Upon information and belief, defendants Certain Underwriters at Lloyd's, London ("Lloyd's") are individuals, all or most of whom are residents and subjects of the United Kingdom. Upon information and belief, defendants London Market Insurance Companies ("the London Companies") are corporations, all or most of which are organized and existing under the laws of the United Kingdom. In the policies which they sold to Monsanto, Lloyd's and the London Companies agreed to submit, at the request of the insured, to the jurisdiction of any court of competent jurisdiction within the United States, and to comply with all requirements necessary to give .such court jurisdiction. 12. Upon information and belief, defendant Columbia Casualty Company ("Columbia") is a corporation organized under c c \f 4c the laws of the State of Illinois, with its principal place of business at CNA Plaza, Chicago, Illinois 60685, and is doing and transacting business in Delaware. 13. upon information and belief, defendant Continental Casualty Company ("CNA") is a corporation organized under the laws of the State of Illinois, with its principal place of business at CNA Plaza, Chicago, Illinois 60685, and is licensed to do business, and is doing and transacting business, in Delaware. 14. upon information and belief, defendant Fireman's Fund Insurance Company ("Fireman's Fund") is a corporaticn organized under the laws of the State of California, with its principal place of business at 777 San Marin Drive, Novato, California 94998, and is licensed to do business, and is doing and transacting business, in Delaware. 15. Upon information and belief, defendant First State Insurance Company ("First State") is a corporation organized under the laws of the State of Delaware, with its principal place of business at 60 Batterymarch Street, Boston, Massachusetts 02110, and is licensed to do business, and is doing and transacting business, in Delaware. 16. Upon information and belief, defendant Granite State Insurance Company ("Granite State") is a corporation organized under the laws of the State of New Hampshire, with its principal place of business at 1750 Elm Street, P.O. Box 960, Manchester, New Hampshire 03107, and is licensed to do business, and is doi.-.g and transacting business, in Delaware. c 5( 17. Upon information and belief, defendant Hartford Accident and Indemnity Company ("Hartford") is a corporation organized under the laws of the State of Connecticut, with its principal place of business at Hartford Plaza, Hartford, Connecticut 06115, and is licensed to do business, and is doing and transacting business, in Delaware. 18. Upon information and belief, defendant The Heme Insurance Company ("Home") is a corporation organized under the laws of the State of New Hampshire, with its principal place of business at 59 Maiden Lane, New York, New York 10038, and is licensed to do business, and is doing and transacting business, in Delaware. 19. Upon information and belief, defendant Hudson Insurance Company ("Hudson") is a corporation organized under the laws of the State of Delaware, with its principal place of business at 280 Park Avenue, New York, New York 10017, and is licensed to do business, and is doing and transacting business, in Delaware. 20. Upon information and belief, defendant Insurance Company of North America ("INA") is a corporation organized under the laws of the State of Pennsylvania, with its principal place of business at 1600 Arch Street, Philadelphia, Pennsylvania 19103, and is licensed to do business, and is doing and transacting business, in Delaware. 21. Upon information and belief, defendant Insurance Company of the State of Pennsylvania ("ISOP") is a corporation organized under the laws of the State of Pennsylvania, with its principal place of business at 70 Pine Street, New York, New York C 6 10270, and is licensed to do business, and is doing and transacting business, in Delaware. 22. Upon information and belief, defendant International Insurance Company ("International") is a corporation organized under the laws of the State of Illinois, with its principal place of business at 200 South Wacker Drive, Chicago, Illinois 60606, and is licensed to do business, and is doing and transacting business, in Delaware. 23. Upon information and belief, defendant Lexington Insurance Company ("Lexington") is a corporation organized under the laws of the State of Delaware, with its principal place of business at 100 Summer Street, Boston, Massachusetts 02110, and is licensed to do business, and is doing and transacting business, in Delaware. 24. Upon information and belief, defendant Liberty Mutual Insurance Company ("Liberty Mutual") is a corporation organized under the laws of the State of Massachusetts, with its principal place of business at 175 Berkeley Street, Boston, Massachusetts 02117, and is licensed to do business, and is doing and transacting business, in Delaware. 25. Upon information and belief, defendant National `Casualty Company ("National Casualty") is a corporation organized under the laws of the State of Michigan, with its principal place of business at 4242 Lindell Boulevard, St. Louis, Missouri 63108, and is licensed to do business, and is doing and transacting business, in Delaware.  c 3 ;( 1 C C- 7 " 26. Upon information and belief, defendant National Union Fire Insurance Company of Pittsburgh ("National Union") is a corporation organized under the laws of the State of Pennsylvania, with its principal place of business at 70 Pine Street, New York, New York 10270, and is licensed to do business, and is doing and transacting business, in Delaware. 27. Upon information and belief, defendant New England Insurance Company ("New England") is a corporation organized under the laws of the State of Massachusetts, with its principal place of business at 60 Satterymarch Street, Boston, Massachusetts 02110, and is licensed to do business, and is doing and transacting business, in Delaware. 28. Upon information and belief, defendant North Star Reinsurance Corporation ("North Star") is a corporation organized under the laws of the State of Delaware, with its principal place of business at Ten Stamford Forum, P.O. Box 10009, Stamford, Connecticut, and is licensed to do business, and is doing and transacting business, in Delaware. 29. Upon information and belief, defendant Northwestern National Insurance Company ("Northwestern National") is a corporation organized under the laws of the State of Wisconsin, with its principal place of business at 731 North Jackson Street, Milwaukee, Wisconsin 53202, and is licensed to do business, and is doing and transacting business, in Delaware. 30. Upon information and belief, defendant Pacific Employers Insurance Company ("Pacific Employers") is a j corporation organized under the laws of the State of California, c i with its principal place of business at 1600 Arch Street, Philadelphia, Pennsylvania 19103, and is licensed to do business and is doing and transacting business, in Delaware. 31. Upon information and belief, defendant Protective National Insurance Company of Omaha ("Protective National") is a corporation organized under the laws of the State of Nebraska, with its principal place of business at 105 South 17th Street, Omaha, Nebraska 68102, and is licensed to do business, and is doing and transacting business, in Delaware. 32. Upon information and belief, defendant Royal Indemnity Company ("Royal" ) is a corporation organized under the laws of the State of Delaware, with its principal place cf business ac 9300 Arrcwpoint Boulevard, Charlotte, North Carolina 28210, and is licensed to do business, and is doing and transacting business, in Delaware. 33. Upon information and belief, defendant St. Paul Surplus Lines Insurance Company ("St. Paul") is a corporation organized under the laws of the State of Delaware, with its principal place of business at 445 Minnesota Street, Suite 900, St. Paul, Minnesota 55101, and is licensed to do business, and is doing and transacting business, in Delaware. 34. Upon information and belief, defendant Travelers Indemnity Company ("Travelers") is a corporation organized under the laws of the State of Connecticut, with its principal d a c e of business at One Tower Square, Hartford, Connecticut 06183, and is licensed to do business, and is doing and transacting business, in Delaware. c9 35. Upon information and belief, defendant Unigard Security Insurance Company, formerly Unigard Mutual Insurance Company ("Unigard"), is a corporation organized under the laws of the State of Washington, with its principal place of business at 1215 Fourth Avenue, Seattle, Washington 98161-1096 and is licensed to do business, and is doing and transacting business, in Delaware. 36. Upon information and belief, defendant United States Fire Insurance Company ("U.S. Fire") is a corporation organized under the laws of the State of New York, with its principal place of business at 305 Madison Avenue, CN 1932, Morristown, New Jersey 07960, and is licensed to do business, and is doing and transacting business, in Delaware. 37. Upon information and belief, defendant Wausau Underwriters Insurance Company ("Wausau Underwriters"), formerly known as Wausau Insurance Company, is a corporation organized under the laws of the State of Wisconsin, with its principal place of business at 2000 Westwood Drive, Wausau, Wisconsin 54401, and is licensed to do business, and is doing and transacting business, in Delaware. CC Insurance Ccmoanv ACIC APPENDIX 3 Policy Number CC002371 CC002366 Aetna 06XN82WCA 06XN565SCA 06XN566SCA American Home CE352711 CE357373 CE2692052 CE3380986 CE3380986 CE3380733 CE3380722 American Manufacturers OCT10005 3SGQQ2001 33G002001 Appalachian XL70329 XL70330 XL70659 Associated International XS110568 Birmingham SE6073353 SE6073500 SE6073610 California Union ZCX003219 ZCX003565 ZCX004Q38 . ZCX004 438 ZCX006191 ZCX006508 ZCX007095 ZCX007914 ZCX007868 ZCX007869 Policy Per rod 4/1/82-4/1/83 4/1/82-4/1/83 4/1/79-4/1/80 4/1/85-4/1/86 4/1/85-4/1/86 7/6/67-10/1/70 10/1/70-10/1/73 10/1/71-4/1/75 10/1/73-4/1/76 10/1/73-4/1/76 4/1/75-4/1/77 4/13/76-4/1/77 10/1/70-10/1/73 10/1/73-4/1/76 10/1/73-4/1/76 10/1/69-10/1/71 10/1/69-10/1/70 3/1/71-10/1/73 4/1/85-4/1/85 4/1/78-4/1/79 4/1/79-4/1/804/1/80-4/1/81 4/1/78-4/1/79 4/1/79-4/1/80 4/1/80-4/1/81 4/1/81-4/1/82 4/1/92-4/1/83 4/1/83-4/1/84 4/1/84-4/1/85 4/1/85-4/1/86 4/1/85-4/1/86 4/1/85-4/1/86 c CNA Columbia Employers' Surplus Fireman's Fund First State Granite State Hartford Home Hudson C RDX9566963 RDX9 567017 RDX9681809 RDX-1864000 4/10/61-12/19/62 8/25/61-1/7/63 1/7/63-10/1/65 4/1/76-4/1/77 S-10274 S-16-00208 S-16-00209 S-16-04445 S-16-10516 11/3/59-12/19/62 1/7/63-10/1/65 1/7/63-10/1/65 7/10/67-10/1/70 10/1/70-10/1/73 SN7034 SN1941 XL-1006264 XLX-10536 69 XLX-1204544 XLX-1203152 XLX-1203184 XLX-13 63821 XLX-1362287 9/28/61-1/7/63 1/7/63-10/1/65 6/30/67-10/1/70 10/1/70-10/1/73 10/1/73-4/1/76 4/1/75-4/1/77 4/1/77-4/1/78 4/1/78-4/1/79 4/1/79-4/1/80 920412 920602 920603 921901 11/1/71-4/1/72 4/1/72-4/1/75 4/1/72-4/1/75 4/1/75-4/1/78 6178-0227 6181-2964 4/1/78-4/1/79 4/1/81-4/1/82 08XS100202 4/1/76-4/1/77 HEC9 5400 20 HEC9 543285 HEC9 304837 HEC4165765 HEC9006835 9/28/61-1/7/63 1/7/63-10/1/65 10/1/68-10/1/71 10/1/71-4/1/75 4/13/76-4/1/77 HC00207 HC00863 4/1/82-4/1/83 4/1/83-4/1/84 i C INA International ISOP Lexington Liberty Mutual Lloyd's and the London Companies -3- C ISG 1107 XCP14324 4/1/78-4/1/87 4/1/78-4/1/79 5220551124 4/1/85-4/1/86 4171-5888 4172-5264 4171-5264 4176-6818 4177-7688 10/1/71-4/1/72 4/1/72-4/1/75 4/1/72-4/1/75 4/1/76-4/1/77 4/1/77-4/1/78 GC402964 GC4Q3113 GC403236 GC402556 GC403983 GC5501415 CZ5505649 5510304 5510303 5513782 5513880 5522588 10/1/70-10/1/73 10/1/71-4/1/75 4/1/72-4/1/75 10/1/73-4/1/76 10/1/73-4/1/76 4/13/76-4/1/77 4/1/77-4/1/78 4/1/78-4/1/79 4/1/78-4/1/79 4/1/79-4/1/80 4/1/79-4/1/80 4/1/81-4/1/82 LP-6041-90-3024 RK-5041-903025 LP1-641-004287-080 RK1-641-004287-110 LP1-641-004287-081 LP1-641-004287-082 RK1-641-004287-111 RK1-300-007520-017 10/1/59-10/1/60 .10/1/59-10/1/60 10/1/60-10/1/61 10/1/60-10/1/61 10/1/61-10/1/62 10/1/62-10/1/65 10/1/61-10/1/65 7/28/67-10/1/70 Unknown 509-60DD-2309 509-60DD-2310 SD2Q80/K57299 SD2084/K57300 SD2123/K58529 SD4059/K68210 SD5133/K7S154 SD5134/CU2537 SD5135/CU2538 SD5136/CU2539 SD5137/K76155 SD7104/K79731 SD8141/K12689 SD8142/CU6086 SD814 3/CU6087 1959-8/5/60 8/5/60-12/19/62 8/5/60-12/19/62 7/26/59-12/19/62 9/15/59-12/19/62 11/3/59-12/19/62 2/15/61-12/19/62 12/19/62-10/1/65 12/19/62-10/1/65 12/19/62-10/1/65 12/19/62-10/1/65 1/7/53-10/1/65 10/1/64-10/1/68 10/1/65-10/1/6Q 10/1/65-10/1/68 10/1/65-10/1/68 c National Casualty National Union New England North Star Northbrook Northwestern National Pacific Employers Protective National Royal' St. Paul XUQ00098 1168336 1232248 1232082 9600273 NE0000 49 HSX-B870 NSX-9634 NSX-8869 NSX-11727 NSX-13889 NSX-15327 63-004-352 63-005-599 63-006-- 609 63-007-890 63-007-916 XLP401125 XLP401141 ' XLP40187 3 XLP403537 XCC0129 07 XCC013046 XCC013134 XCC013135 XUB1806982 XUB1807032 RED1024 40 ` RED10 2442 CC05508338 CC05508337 4/1/84-4/1/85 4/1/75-4/1/78 4/1/78-4/1/79 4/1/79-4/1/80 4/1/81-4/1/82 4/1/84-4/1/85 10/1/70-10/1/73 5/8/71-10/1/71 10/1/70-10/1/71 10/1/73-4/1/76 4/1/76-4/1/77 4/1/77-4/1/78 4/1/78-4/1/79 4/1/79-4/1/80 4/1/80-4/1/81 4/1/81-4/1/82 4/1/81-4/1/82 10/1/70-10/1/73 3/1/71-10/1/71 10/1/73-4/1/76 4/1/76-4/1/77 4/1/83-4/1/84 4/1/84-4/1/85 4/1/85-4/1/86 4/1/85-4/1/86 4/1/82-4/1/83 4/1/83-4/1/84 4/1/83-4/1/84 4/1/83-4/1/84 4/1/84-4/1/85 4/1/84-4/1/85 c Travelers Unigard u .s. ire Wausau Underwriters C -6 TR-NSL-951202-71 3/1/71-4/1/74 TR-NSL-951202-74 4/1/74-4/1/77 TR-NSL-14 4T9 24-4-77 4/1/77-4/1/78 GL.26-9 681 1-1487 ' 10/1/72-10/1/73 10/1/73-4/1/76 5220221789 4/1/77-4/1/78 573600102711 4/1/85-4/1/86 fcf tJ c Insurance Concanv International Liberty Mutual c APPENDIX C Policy Number Policy Period 560-000-090 560-000-268 7/15/82-7/15/83 7/15/83-7/15/84 LG1-641-004287-790 10/1/70-3/1/71 cc IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MONSANTO COMPANY, a corporation ) of the State of Delaware, ) ) Plaintiff, v- ! ) AETNA CASUALTY AND SURETY ) COMPANY; ALLSTATE INSURANCE ) COMPANY (as successor to ) NORTHBROOIC EXCESS AND SURPLUS ) COMPANY, fornerlv NORTHBROOK ) INSURANCE COMPANY) ; AMERICAN ) CENTENNIAL INSURANCE COMPANY; ) AMERICAN HOME ASSURANCE COMPANY; ) AMERICAN MANUFACTURERS MUTUAL ) INSURANCE COMPANY; APPALACHIAN ) INSURANCE COMPANY; ASSOCIATED ) INTERNATIONAL INSURANCE COMPANY; ) BIRMINGHAM FIRE INSURANCE ) COMPANY OF PENNSYLVANIA; ) CALIFORNIA UNION INSURANCE ) COMPANY; C.E. HEATH COMPENSA ) TION AND LIABILITY INSURANCE ) COMPANY; CERTAIN UNDERWRITERS ) AT LLOYD'S, LONDON, AND LONDON ) MARKET INSURANCE COMPANIES; ) COLUMBIA CASUALTY COMPANY; ) CONTINENTAL CASUALTY COMPANY; ) FIREMAN'S FUND INSURANCE ) COMPANY; FIRST STATE INSURANCE ) COMPANY; GRANITE STATE ) INSURANCE COMPANY; HARTFORD ) ACCIDENT AND INDEMNITY COMPANY; ) THE HOME INSURANCE COMPANY; ) HUDSON INSURANCE COMPANY; ) INSURANCE COMPANY OF NORTH ) AMERICA; INSURANCE COMPANY OF ) THE STATE OF PENNSYLVANIA; ) INTERNATIONAL INSURANCE COMPANY; ) LEXINGTON INSURANCE COMPANY; ) LIBERTY MUTUAL INSURANCE ) COMPANY; NATIONAL CASUALTY ) COMPANY; NATIONAL UNION FIRE ) INSURANCE COMPANY OF PITTSBURGH; ) NEW ENGLAND INSURANCE COMPANY; ) c.a. o. jK - j r i - / i f - i - c Z ---------------------NON ARBITRATION CASE (c V. i C NORTH STAR REINSURANCE CORPORATION; NORTHWESTERN NATIONAL INSURANCE COMPANY; PACIFIC EMPLOYERS INSURANCE COMPANY; PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA; ROYAL INDEMNITY COMPANY; ST. PAUL SURPLUS LINES INSURANCE COMPANY; TRAVELERS INDEMNITY COMPANY; UNIGARD SECURITY INSURANCE COMPANY; UNITED STATES FIRE INSURANCE COMPANY; and WAUSAU UNDERWRITERS INSURANCE COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CERTIFICATE OF NON-ARBITRATION I, RICHARD E. POOLE, ESQUIRE, attorney for plaintiff, hereby certify in good faith at this time, in my opinion, that this is a declaratory judgment action where the claim is substantially:non-monetary and damages are in excess of fifty thousand dollars ($50,000.00), exclusive of costs and interest, and that this action is therefore excepted from compulsory arbitration pursuant to Superior Court Civil Rule 16(c)(1). POTTER ANDERSON & CORROON By b u t . L4. Charles S. Crompton, Jr. Richard E. Poole 350 Delaware Trust Building P.0. Box 951 Wilmington, DE 19899 (302) 658-6771 Attorneys for Plaintiff, Monsanto Company -2- t OF COUNSEL: Jerold Oshinsky, Esquire Anderson Baker Kill Si Olick 1800 K Street, N.W. Suite 700 Washington, D.C. 20006 (202) 466-7921 - and- John H. Gross, Esquire -- Anderson Russell Kill & Olick, 666 Third Avenue New York, NY 10017 (212) 850-0700 P.C Dated : January 1988 -3-