Document oDKNOKRMvd2vk6OGb4q4XLmpR

Marsh Mclennan Marsh & McLennan, Incorporated 1221 Avenue of the Americas New York, New York 10020-1011 Telephone 212 997-2000 October 2, 1989 Donald M. Huffer, CPCU Environmental Claim Manager Kemper National P&C Companies Long Grove, Illinois 60049-0001 Re: Insured: Union Carbide Corporation Claimant: Joan Bermadino Your File#: 155 QN 006923N Dear Mr. Huffer: In reference to the above captioned matter I acknowledge receipt of your letter of September 26 , 1989 to Mr. E. D. DeLoughy of Union Carbide Corporation which will be forwarded to him for his information and comments, if any. As broker of Union Carbide Corporation, Marsh & McLennan would like to state that the insured waives none of their rights under the terms and conditions of their policies of insurance to challenge any Reservations of Rights or disclaimers of coverage made now or in the future should the need arise. Very truly yours. \J v &- C<rU~ Horace Passananti Casualty Claims Dept. HP: so Enclosure cc: E. D. DeLoughy (w/encl) M. A. Marchie (w/encl) PRIVILEGED AND `'CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 075209 n. a. l IE HECEI VED OCT 0 4 1989 C J` Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual insurance Company American Protection Insurance Company Long Grove, IL 60049-0001 312|540-2000 September 15, 1989 Mr* E. D. DeLoughy Risk Management Department Union Carbide Corporation 39 Old Rldgebury Road Danbury, Connecticut 06817 RE: INSURED: UNION CARBIDE CORPORATION CLAIMANT: JOAN BERNADINO (ROBERT) OUR FILE NUMBER: 155 QN 006923 N Dear Mr. DeLoughy: We have received the captioned matter including Summons and Complaint bringing action in the Superior Court of New Jersey, Middlesex County, Law Division, case number L-10277-89. It appears that the bodily injury alleged in this claim may not have occurred during our policy period. In bodily injury cases resulting from exposure to chemical substances, American Motorists Insurance Company ("AMICO'1) adheres to the principles set forth in American Home Products Corporation vs. Liberty Mutual Insurance Company, 565 F. Supp. 1485 (SD M'1983'), 748 Fed, fed. (Sec. Cir. 1984), which states that the date of plaintiff's "actual injury" is the date which triggers coverage under a given insurance policy. The complaint in this matter alleges that the decedent, Robert Bernadino, was exposed to various toxic chemicals while employed by the Amboy Terminaling Company from 1960-1987. It is, however, silent as to when he was diagnosed with any injury or when his "actual injury" might have occurred. Please provide any information you might have or obtain which might more clearly Indicate the date of the decedent's "actual injury." Also, as a matter of public policy, punitive damages may not be covered by a policy of insurance in the state of New Jersey. For these reasons, among others, we must fully reserve all our rights under the policy until such time as we can determine if your policy would cover this claim. In stating the above reasons for reserving its rights, AMICO does not waive the right to cite additional reasons should they become apparent in the future. AMICO also reserves the right to deny coverage should this be deemed appropriate. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 015210 Mr. E. D. DeLoughy September 15, 1989 Page 2 We suggest you notify your current carrier of this matter. If you have any questions, please feel free to contact me or Raymond Deckert at (312) 540-2088. Please keep us advised of developments as this case progresses. Very truly yours, AMERICAN MOTORISTS INSURANCE COMPANY hnvironmentai Claim Manager DMH/dm cc: M. A, Marchie, NAC, Summit Betty Lynn White, Law Department, Union Carbide PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 075211