UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

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GLOBAL REINSURANCE CORPORATION OF AMERICA, as successor-in-interest to CONSTITUTION REINSURANCE CORPORATION, Plaintiff, -againstCENTURY INDEMNITY COMPANY, as successor-in-interest to CCI INSURANCE COMPANY, as successor-in-interest to INSURANCE COMPANY OF NORTH AMERICA, Defendant.
X

CIVIL ACTION NO.

SUMMONS
To:

Superintendent of Financial Services Office of General Counsel New York State Department of Financial Services 25 Beaver Street 4th Floor New York, New York 10004 As statutory agent for service of process for: Century Indemnity Company P.O. Box 1000 436 Walnut Street Philadelphia, PA 19106 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules

of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: David L. Pitchford, Esq. Daniel S. Brower, Esq. Pitchford Law Group 1700 Broadway 41st Floor New York, New York 10019 Tel.: (212)757-3343 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. RUBY J. KRAJICK CLERK OF COURT

DateSEP 1 7 2013
Signature of Clerk or Deputy Clerk

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

X

GLOBAL REINSURANCE CORPORATION OF AMERICA, as successor-in-interest to CONSTITUTION REINSURANCE CORPORATION, CIVIL ACTION NO. Plaintiff, -againstCOMPLAINT CENTURY INDEMNITY COMPANY, as successor-in-interest to CCI INSURANCE COMPANY, as successor-in-interest to INSURANCE COMPANY OF NORTH AMERICA, Defendant. X TO &

Plaintiff Global Reinsurance Corporation of America, al s i M ^ Constitution Reinsurance Corporation ("Global"), by its attorneys, Pitchford Law Group LLC, for its complaint against Century Indemnity Company, as successor-in-interest to CCI Insurance Company, as successor-in-interest to Insurance Company of North America ("Century"), alleges as follows: NATURE OF THE ACTION 1. This is an action by Global for judgment declaring that Century is not

entitled to recover its reinsurance billings to Global under a certain facultative certificates of reinsurance, and otherwise declaring the respective rights and obligations of Global and Century under the other terms, conditions and definitions of the facultative certificates, and with respect to any ongoing billings under the same certificates which may hereafter arise in connection with the same coverage litigation as described below.

THE PARTIES 2. Plaintiff Global is an insurance company organized under the laws of New

York, with its principal place of business in New York, New York. 3. Upon information and belief, defendant Century is an insurance company

organized under the laws of Pennsylvania with its principal place of business in Philadelphia, Pennsylvania. JURISDICTION AND VENUE 4. Jurisdiction is based on diversity of citizenship. 28 U.S.C. 1332(a).

Global and Century are citizens of different states and the amount in controversy exceeds $75,000, exclusive of interest and costs. 5. Judgment Act"). 6. Venue lies in this District under 28 U.S.C. 1391 in that a substantial part This Court also has jurisdiction under 28 U.S.C. 2201 (the "Declaratory

of the events or omissions giving rise to the claim occurred in this District, and both Global and Century are subject to personal jurisdiction in this judicial district at the time this action is commenced.

BACKGROUND
THE REINSURED POLICIES AND CRC FACULTATIVE CERTIFICATES 7. Upon information and belief, beginning no later than 1971, Century issued Certain of these

excess insurance policies to Caterpillar Tractor Company ("Caterpillar).

policies were in turn reinsured in part by various Global facultative reinsurance certificates (the "Certificates"), as described below.

Certificate No. E89-191, Reinsuring Policy SRL 5023 8. Century issued to Caterpillar Certificate of Excess Insurance No. SRL

5023, effective April 1, 1971 to April 1, 1974 ("Policy SRL 5023"). 9. Global issued Certificate of Reinsurance No. E89-191 to Century,

reinsuring Policy SRL 5023. 10. Pursuant to Endorsement No. 3 to Certificate No. E89-191, Global

provided reinsurance in the amount of $200,000 part of $400,000 each occurrence in excess of the first $600,000 of liability of Policy SRL 5023. 11. Certificate No. E89-191 was originally effective April 1, 1971 to April 1,

1972, its expiration date was extended to April 1, 1974 by Endorsement No. 3 to that Certificate, and was subsequently cancelled effective July 1, 1973 by Endorsement No. 4. Certificates Nos. 61875, 64748 & 65717, Reinsuring Century Policy No. LAB16100 12. Century issued to Caterpillar Blanket Liability and Automobile Policy No.

LAB 16100, effective April 1, 1973 to April 1, 1979. 13. Global issued Certificate of Reinsurance No. 61875 to Century, reinsuring

Policy LABI6100, effective April 1, 1974 to April 1, 1975. 14. Global also issued Certificate of Reinsurance No. 64748 to Century,

reinsuring Policy LAB16100, effective April 1, 1977 to April 1, 1978. 15. Global further issued Certificate of Reinsurance No. 65717 to Century,

reinsuring Policy LABI6100, effective April 1, 1978 to April 1, 1979.

Certificate Nos. 62496, 62497, 63350, 63351 Reinsuring Century Policy No. XCP 012128 16. Century issued to Caterpillar Certificate of Excess Insurance No. XCP

012128, effective April 1, 1975 to April 1, 1977. 17. Global issued Certificate of Reinsurance No. 62496 to Century, reinsuring

Policy XCP 012128, effective April 1, 1975 to April 1, 1976. 18. Global also issued Certificate of Reinsurance No. 62497 to Century,

reinsuring Policy XCP 012128, effective April 1, 1975 to April 1, 1976. 19. Global further issued Certificate of Reinsurance No. 63350 to Century,

reinsuring Policy XCP 012128, effective April 1, 1976 to April 1, 1977. 20. Global also further issued Certificate of Reinsurance No. 63351 to

Century, reinsuring Policy XCP 012128, effective April 1, 1976 to April 1, 1977. Certificate No. 66786, Reinsuring Century Policy No. XCP 143467 21. Global also issued Certificate of Reinsurance No. 66786 to Century,

reinsuring Policy XCP 143467, effective April 1, 1979 to April 1, 1980.

THE COVERAGE LITIGATION 22. On or about April 26, 2004, Caterpillar commenced a civil action in the

Circuit Court of the Tenth Judicial Circuit Peoria County, Illinois, for declaratory relief and damages, seeking to enforce its general liability insurance coverage with respect to certain thirdparty claims alleging, among other things, bodily injuries arising from exposures to asbestos and asbestos-containing products. 23. On or about April 26, 2004, Century commenced a civil action in the

Circuit Court of Cook County, Illinois County Department - Chancery Division, for declaratory

relief, seeking declarations as to the respective rights and obligations of the parties hereto under certain liability insurance contracts in connection with certain asbestos bodily injury claims asserted against Caterpillar. 24. As a consequence and over the course of these litigations (the "Coverage

Litigation"), Century has to date paid Caterpillar certain amounts for indemnity, expense and defense costs and, upon information and belief, is litigating and/or negotiating alleged obligations to pay additional amounts to Caterpillar for indemnity, expense and defense costs, and will continue to incur its own expense in prosecuting and defending the Coverage Litigation. Century has, in turn, begun the process of presenting billings to Global under one or more of the facultative Certificates. THE REINSURANCE BILLINGS 25. Century has presented Global with various statements of loss, alleging that

Global is obligated under Certificate No. E89-191 to indemnify Century for certain amounts Century has paid Caterpillar under Policy SRL 5023, which statements amount to a total $466,587.30 (the "reinsurance billings"). Upon information and belief, Global reasonably

anticipates the prospect of additional reinsurance billings under its Certificates as a result of the ongoing Coverage Litigation. AS AND FOR A FIRST CAUSE OF ACTION (Declaration of Rights and Obligations of the Parties Under the Certificates in Respect of the Reinsurance Billings) 26. 27. Global re-alleges paragraphs 1 through 25 as though felly set forth herein. Century's allocation of loss, presentation and billing of the underlying

claims to Global are, to date, contrary to the terms, conditions, exclusions and limitations of the Certificates.

28.

There is a substantial, present and actual ongoing controversy between

Global and Century concerning the parties' rights and obligations under the Certificates with respect to the billings to date, as well as any billings which may hereafter arise from the Coverage Litigation as described above, including but not limited to: a) b) whether the billings violate the Certificates' dollar cap on liability; whether Century properly characterized and billed expense and loss in accordance with the terms of the Certificates; whether Global is liable for any expense at all; whether the billings are consistent with Global's obligation to make payments "per occurrence" whether the loss in fact exhausted the limits of the insurance policy underlying the reinsured policies; whether the loss and reinsurance billings otherwise comply with the terms and conditions of the Certificates and reinsured policies. Global is entitled to and seeks a declaration of the parties' rights and

c) d)

e)

f)

29.

obligations under the Certificate with respect to the current and ongoing reinsurance billings.

WHEREFORE plaintiff Global Reinsurance Corporation of America respectfully requests that judgment be entered in this action on its Complaint: a. b. declaring that Century is not entitled to recover under the Certificates; otherwise declaring the respective rights and obligations of Global and Century under the other terms, conditions and definitions of the Certificates; and granting Global such other and further relief as this Court may deem appropriate, including attorneys' fees, expenses, and costs.

c.

Dated: New York, New York September 16, 2013

By: David L. Pitchford (DP8163) Daniel S. Brower (DB4981) PITCHFORD LAW GROUP LLC 1700 Broadway New York, New York 10019 (212) 757-3343 dpitchford(g),pitcfifordllc. com dbro werfSjpitchfordllc .com Attorneys for Plaintiff Global Reinsurance Corporation of America, as successor-in-interest to Constitution Reinsurance Corporation

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

X

GLOBAL REINSURANCE CORPORATION OF AMERICA, as successor-in-interest to CONSTITUTION REINSURANCE CORPORATION, Plaintiff, -againstCENTURY INDEMNITY COMPANY, as successor-in-interest to CCI INSURANCE COMPANY, as successor-in-interest to INSURANCE COMPANY OF NORTH AMERICA, Defendant.
X

CIVIL ACTION NO.

RULE 7.1 DISCLOSURE STATEMENT OF PLAINTIFFS GLOBAL REINSURANCE CORPORATION OF AMERICA Pursuant to Federal Rule of Civil Procedure 7.1 [formerly Local General Rule 1.9] and to enable District Judges and Magistrate Judges of the Court to evaluate possible disqualification or recusal, the undersigned counsel for Plaintiff Global Reinsurance Corporation Of America, as successor-in-interest to Constitution Reinsurance Corporation (a private nongovernmental party), certifies that the following are corporate parents, affiliates and/or subsidiaries of said party: Global U.S. Holdings, Incorporated GLOBALERuckversicherungs-Aktiengesellschaft.

Respectfully submitted, ;CHFORD LAW GROUP LLC

By:

DAVID L. PITCHFORD (DP8163) DANIEL S. BROWER (DB4981) 1700 Broadway 41st Floor New York, New York 10019 (212) 757-3343 dpitchford@pitchfordllc. com dbrower@pitchfordllc.com Attorneys for Defendant/Counterclaim Plaintiff, GLOBAL Reinsurance Corporation Of America

Dated: September 13, 2013

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet. PLAINTIFFS Global Reinsurance Corporation of America, as successor-in-interest to Constitution Reinsurance Corporation ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER Pitchford Law Group LLC 1700 Broadway, 41st Floor New York, NY 10019 DEFENDANTS Century Indemnity Company, as successor-in-interest to CCI Insurance Company, as successor-in-interest to Insurance Company of North America ATTORNEYS (IF KNOWN) David L. Pitchford (DP8163) Daniel S. Brower (DB4981)

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE) (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 28 U.S.C. 2201 - Declaratory judgment action; 28 U.S.C. s. 1332(a) Has this or a similar case been previously filed in SDNY at any time? No If yes, was this case Vol. I""! Invol. \~~] Dismissed. No
IS THIS AN INTERNATIONAL ARBITRATION CASE?

IE) Yes

Judge Previously Assigned & Case No.

Yes Yes

If yes.igive date

No H3

ACTIONS UNDER STATUTES

(PLACE AN [x] IN ONE BOX ONLY)

TORTS

NATURE OF SUIT

CONTRACT Ix] 110 [ 1120 [ 1130 [ J140 [ ] 150 INSURANCE MARINE MILLER ACT NEGOTIABLE INSTRUMENT RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT MEDICARE ACT RECOVERY OF DEFAULTED STUDENT LOANS (EXCL VETERANS) RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS STOCKHOLDERS SUITS OTHER CONTRACT CONTRACT PRODUCT LIABILITY FRANCHISE

PERSONAL INJURY [ 1310 AIRPLANE I 1315 AIRPLANE PRODUCT LIABILITY [ ]320 ASSAULT, LIBEL & SLANDER [ I 330 FEDERAL EMPLOYERS' LIABILITY [ I 340 MARINE [ J 345 MARINE PRODUCT LIABILITY I ) 350 MOTOR VEHICLE [ ]355 MOTOR VEHICLE PRODUCT LIABILITY [ ]360 OTHER PERSONAL INJURY

PERSONAL INJURY

FORFErrURE/PENALTY AGRICULTURE OTHER FOOD & DRUG DRUG RELATED SEIZURE OF PROPERTY 21 USC 881 LIQUOR LAWS RR & TRUCK AIRLINE REGS OCCUPATIONAL SAFETY/HEALTH OTHER

BANKRUPTCY [ ] 422 APPEAL 28 USC 158 [ J 423 WITHDRAWAL 28 USC 157 PROPERTY RIGHTS | ] 820 COPYRIGHTS | ] 830 PATENT | ] 840 TRADEMARK

OTHER STATUTES [ ) 400 STATE REAPPORTIONMENT [1410 ANTITRUST [1430 BANKS & BANKING [ 1450 COMMERCE I 1460 DEPORTATION [ H70 RACKETEER INFLUENCED & CORRUPT ORGANIZATION ACT (RICO) [ ]480 CONSUMER CREDIT ( ]490 CABLE/SATELLITE TV [ 1810 SELECTIVE SERVICE [ 1850 SECURITIES/ COMMODITIES/ EXCHANGE [ 1875 CUSTOMER CHALLENGE 12 USC 3410 [ J 890 OTHER STATUTORY ACTIONS [ 1891 AGRICULTURAL ACTS I ]892 ECONOMIC STABILIZATION ACT [ J893 ENVIRONMENTAL MATTERS [ 1894 ENERGY ALLOCATION ACT [ ]895 FREEDOM OF INFORMATION ACT [ ]900 APPEAL OF FEE DETERMINATION UNDER EQUAL ACCESS TO JUSTICE [ I 950 CONSTITUTIONALITY OF STATE STATUTES

[ J151 [ ]152

[ 1153

[ ] 362 PERSONAL INJURY - I 1610 MED MALPRACTICE ! ]620 [ I 365 PERSONAL INJURY PRODUCT LIABILITY [ 1625 [ 1368 ASBESTOS PERSONAL INJURY PRODUCT LIABILITY | ]630 PERSONAL PROPERTY | ]640 | )650 | 1660 I I 370 OTHER FRAUD I 1371 TRUTH IN LENDING | 1380 OTHER PERSONAL | 1690 PROPERTY DAMAGE [ 1385 PROPERTY DAMAGE PRODUCT LIABILITY LABOR

S O C I A L SECURrnr

[ 1160 [ 1190 [ 1195 I 1196

ACTIONS UNDER STATUTES CIVIL RIGHTS

REAL PROPERTY 11210 [ I 220 I ] 230 [ I 240 [ I 245 [ ]290 LAND CONDEMNATION FORECLOSURE RENT LEASE & EJECTMENT TORTS TO LAND TORT PRODUCT LIABILITY ALL OTHER REAL PROPERTY

[ )441 VOTING I ]442 EMPLOYMENT I I 443 HOUSING/ ACCOMMODATIONS I ]444 WELFARE PRISONER CIVIL RIGHTS [ ]445 AMERICANS WITH DISABILITIES ( I 550 CIVIL RIGHTS EMPLOYMENT [ 1555 PRISON CONDITION [ ]446 AMERICANS WITH DISABILITIES -OTHER [ J 440 OTHER CIVIL RIGHTS (Non-Prisoner)

1 1710 FAIR LABOR STANDARDS ACT I 1720 LABOR/MGMT PRISONER PETITIONS RELATIONS [ 1730 LABOR/MGMT REPORTING & I 1510 MOTIONS TO VACATE SENTENCE DISCLOSURE ACT 20 USC 2255 [ ]740 RAILWAY LABOR ACT [ J 530 HABEAS CORPUS [ 1790 OTHER LABOR [ I 535 DEATH PENALTY LITIGATION I I 540 MANDAMUS & OTHER [ 1791 EMPL RET INC SECURITY ACT IMMIGRATION I 1462 I 1463 I H65 NATURALIZATION APPLICATION HABEAS CORPUSALIEN DETAINEE OTHER IMMIGRATION ACTIONS

[ 1861 | ] 862 | ] 863 [ ] 864 1 1865

HIA(1395ff) BLACK LUNG (923) DIWC/DIWW (405(g)) SSID TITLE XVI RSI (405(g))

FEDERAL TAX SUITS [ ]870 TAXES (U.S. Plaintiff or Defendant) [ 1871 IRS-THIRD PARTY 26 USC 7609

Check if demanded in complaint: CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.? IF SO, STATE:

DEMAND $

OTHER

JUDGE

DOCKET NUMBER

Check YES only if demanded in complaint JURY DEMAND: YES NO

NOTE: Please submit at the time of filing an explanation of why cases are deemed related.

(PLACE AN x IN ONE BOX ONLY) IE1 1 Original Proceeding f j 2 Removed from D 3 Remanded d State Court from 3. apa rt , repre s, nt e d Appelate I I b. At least one party is pro se. (PLACE AN x INONEBOXONLY) 1 U.S. PLAINTIFF 2 U.S. DEFENDANT

ORIGIN 4 Reinstated or Reopened 5 Transferred from (Specify District) 6 Multidistrict Litigation D 7 Appeal to District Judge from Mg. * * -

BASIS O F J U R I S D I C T I O N Q 3 FEDERAL QUESTION IE]4 DIVERSITY (U.S. NOT A PARTY)

IF DIVERSITY, INDICATE CITIZENSHIP BELOW. (28 l/SC 1332, 1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant) PTF [ ]1 [ ]2 DEF (]1 [ )2 PTF DEF [ ]3 [ ]3 M 4 [ ]4 PTF DEF [ ]5 M 5 [ ]6 []6

CITIZEN OF THIS STATE CITIZEN OF ANOTHER STATE

CITIZEN OR SUBJECT OF A FOREIGN COUNTRY INCORPORATED or PRINCIPAL PLACE OF BUSINESS IN THIS STATE

INCORPORATED and PRINCIPAL PLACE OF BUSINESS IN ANOTHER STATE FOREIGN NATION

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Global Reinsurance Corporation of America 7 Times Square, 37th Floor New York, NY 10036 County of New York
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Century Indemnity Company 436 Walnut Street, P.O. Box 1000 Philadelphia, PA 19106 County of Philadelphia
DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone:

THIS ACTION SHOULD BE ASSIGNED TO: W H I T E PLAINS |X| MANHATTAN (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.) ADMITTED TO PRACTICE IN THIS DISTRICT [ ] NO M YES (DATE ADMITTED Mo. JJ Yr. 2008 ) Attorney Bar Code # DB4981

DATE 09/13/2013 SIGNATUREjaF^TKBNEYOFjHECORD j S /fttU**^, J^^,/,, JC-^ Iz fly*\- I < K M tr RECEIPT # v.**^. , (^aA^ei - J . uiewer Magistrate Judge is to be designated by the Clerk of the Court. Magistrate Judge Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED

is so Designated. .

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)