You are on page 1of 113

Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF ALABAMA,
SOUTHERN DIVISION

NORTHERN ASSURANCE )
COMPANY OF AMERICA, NATIONAL )
UNION FIRE INSURANCE COMPANY )
OF PITTSBURGH, PA, INDEMNITY )
INSURANCE COMPANY OF NA, )
GREAT AMERICAN INSURANCE )
COMPANY, AGCS MARINE )
INSURANCE COMPANY, ESSEX )
INSURANCE COMPANY, CATLIN ) CASE NO.: ______________________
INSURANCE COMPANY, ZURICH )
AMERICAN INSURANCE COMPANY, )
And TRAVELERS INSURANCE )
COMPANY, )
)
Plaintiffs, )
)
vs. )
)
C & G BOAT WORKS, INC. )
)
Defendant. )

COMPLAINT FOR DECLARATORY JUDGMENT

COME NOW Northern Assurance Company of America (“NAC”), lead underwriter and

on behalf of National Union Fire Insurance Company of Pittsburgh, PA, Indemnity Insurance

Company of NA, Great American Insurance Company, AGCS Marine Insurance Company,

Essex Insurance Company, Catlin Insurance Company, Zurich American Insurance Company

and Travelers Insurance Company (the “Underwriters”), subscribing each for itself and not for

the other, severally and not jointly, and for their Complaint for Declaratory Judgment, hereby

states as follows:

1
Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 2 of 8

I. Parties, Jurisdiction and Venue

1. This case arises out of a claim for insurance benefits made by defendant C & G

Boat Works under a policy issued by the Underwriters.

2. NAC is a company organized and existing under the laws of the State of

Massachusetts, with its principal place of business located in the State of Massachusetts. At all

times pertinent to this action, it was qualified to conduct business in the State of Alabama.

3. National Union Fire Insurance Company of Pittsburgh, PA is a company organized

and existing under the laws of the State of Pennsylvania. At all times pertinent to this action, it

was authorized to conduct business in State of Alabama.

4. Indemnity Insurance Company of NA is a company organized and existing under

the laws of the State of Pennsylvania. At all times pertinent to this action, it was authorized to

conduct business in State of Alabama.

5. Great American Insurance Company is a company organized and existing under

the laws of the State of Ohio. At all times pertinent to this action, it was authorized to conduct

business in State of Alabama.

6. AGCS Marine Insurance Company is a company organized and existing under the

laws of the State of Illinois. At all times pertinent to this action, it was authorized to conduct

business in State of Alabama.

7. Essex Insurance Company is a company organized and existing under the laws of

the State of Delaware. At all times pertinent to this action, it was authorized to conduct business

in State of Alabama.

2
Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 3 of 8

8. Catlin Insurance Company, Inc. is a company organized and existing under the

laws of the State of Texas. At all times pertinent to this action, it was authorized to conduct

business in State of Alabama.

9. Zurich American Insurance Company is a company organized and existing under

the laws of the State of New York. At all times pertinent to this action, it was authorized to

conduct business in State of Alabama.

10. Travelers Insurance Company is a company organized and existing under the laws

of the State of Connecticut. At all times pertinent to this action, it was authorized to conduct

business in the State of Alabama.

11. C & G Boat Works is a corporation organized and existing under the laws of the

State of Alabama, with its principal place of business located in the State of Alabama.

12. This is an action brought for declaratory judgment pursuant to 28 U.S.C. §§2201

and 2202 and Rule 57 of the Federal Rules of Civil Procedure.

13. Federal subject matter jurisdiction exists in this matter pursuant to 28 U.S.C.

§1332 because the Underwriters are diverse from the Defendant and the amount in controversy,

as shown below, exceeds this Court’s minimum jurisdictional limits of $75,000, exclusive of

interest and costs, when an action is based upon diversity of citizenship. (See Exhibit 1 –

11/22/2010 Corr.).

14. There is a present justiciable controversy which requires this Honorable Court to

declare the rights, remedies, obligations and liabilities of these parties with respect to a policy of

insurance issued by the Underwriters.

15. The District and Division in which this action has been filed is proper since the

contract of insurance, upon which the defendant’s claims are based, was issued by the

3
Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 4 of 8

Underwriters for delivery in Mobile County, Alabama and C & G Boat Work’s principal place of

business is located in Mobile County, Alabama.

II. Facts of Claim

16. C & G Boat Works, Inc. contracted with Crescent Towing to construct Hull 117, a

tug boat. As part of the contract, C & G Boat Works installed two GE 6L250 diesel engines

(“the main engines”) in Hull 117.

17. On or about September 30, 2010, C & G Boat Works conducted sea trials of Hull

117. On sea trials, the port main engine experienced high bearing temperatures. The main

engines were inspected following the high temperatures.

18. During inspection, the main bearings were pulled and showed signs of damage

due to metal and particulate contamination on both the port and starboard main engines.

19. Further inspection in the presence of C & G customer Crescent Towing, GE and

C & G Boat Works of the lower end bearings and crankshaft journals of the starboard engine

revealed damage similar to the damage found in the lower end of the port engine. The lube oil

system piping was bore scoped, “reveal[ing] significant amounts of various metal particles . . .

present in random areas within the piping which appeared to . . . be attributable to torch cutting,

arc welding and mechanical grinding that had previously been carried out on the piping sections

as they were being assembled.” (See Exhibit 2 - W.T. Ames & Associates Corr., December 3,

2010, p. 2 of 5).

20. Busch and Associates, a metallurgical engineering consultant, was contacted by

Crescent Towing to determine the cause, nature and extent of engine damage to Hull 117’s

engines. The findings were summarized as follows: “The main bearings were badly scored on

4
Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 5 of 8

both the port and starboard engines. The scoring of the bearings was caused by aluminum oxide

particles, steel shavings, weld spatter, and, to a lesser extent silicon oxide. These contaminants,

in all probability, came from the oil lines provided by C & G Boat Works, Inc. as a result of

improper cleaning of the oil lines after fabrication. . . . One main and one rod journal on the

starboard engine were grooved and scored from the abrasive particles. In all probability, all were

damaged, requiring removal of the crankshaft from the engine.” (See Exhibit 3 - Busch and

Associates, Inc. Corr., Nov. 9, 2010).

21. On December 7, 2010, NAC advised C & G Boat Works that the loss was

excluded by the policy, citing the provisions referenced herein, infra. (See Exhibit 4 – 12/7/2010

NAC Corr.).

22. Following the disclaimer, C & G submitted a memorandum to NAC, requesting

reconsideration of the claim, primarily based on the fact that its employee responsible for

construction and installation of the lubrication oil piping system deviated from construction

protocol and improperly welded certain joints in the piping system. (See Exhibit 5 – 1/7/2011 C

& G Memorandum to Underwriters).

23. C&G subsequently submitted written statements from four persons which support

the Underwriters’ position that the procedures used were faulty and which statements are

consistent with Exhibit 5. (See Exhibit 6 – Statements of Kenneth Sprouse, Travis Hunt, Earl

LaFave and Daryl Boutwell).

24. Because of the improper welds 1, the lubrication system was not completely

cleaned. As a result, metal particles were introduced into the engines through the lubrication

system constructed by C & G Boat Works, resulting in severe damage.

1
Welding involves fusing two materials together by applying an electrical current of electricity to the materials.
Stick welding and tungsten inert gas (TIG) welding are two basic methods of welding. In stick welding, materials are

5
Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 6 of 8

25. The Underwriters have mutually agreed to submit this coverage dispute to the

Court. The parties stipulate that there is a present, justiciable controversy.

III. The Insurance Policy 2

The Underwriters issued policy number 3 MNB 1944-2010 to C & G Boat Works, which

provided, in pertinent part:

PART I – HULL SECTION

This policy insures against all risks of physical loss of or damage to the Vessel
occurring during the currency of this Policy, except as hereinafter provided.

...

Addendum No. 2

1. It is hereby understood and agreed that lines 61 and 62 of the “PART I – HULL
SECTION, HULL RISKS” are deleted and the following substituted therefore:

Subject to the provisions of exclusion (b) of the following paragraph, in


the event that faulty design of any part of parts should cause physical
loss of or damage to the Vessel this insurance shall not cover the cost
or expense of repairing, replacing or renewing such part of parts, nor
any expenditure incurred by reason of a betterment or alteration in
the design. Faulty design shall include, but not be limited to, error,
omissions or deficiencies in plans, drawings, specifications or
calculations.

Further, Underwriters shall not pay for any loss, damage or expense caused or
arising in consequence of:

welded when a filler metal is melted between them. TIG welding effectively welds materials with or without the
use of filler metals. The employee made a “root pass weld” (first weld) using a stick welder rather than a tungsten
inert gas (TIG) weld. The TIG weld would have resulted in far less “slag” or “spatter”. The “spatter”, caused by the
stick weld, could not be sufficiently cleaned in the process of cleaning the piping system through which lubrication
oil travels. The metal particles resulting in the damage to the engines were from this stick weld due to the
particles passing through the lubrication system into the engine as the oil flowed through the system.
2
The Underwriters reserve their right to assert any other applicable conditions, terms, coverages or exclusions
contained in the policy, regardless of whether cited herein. By specifically reciting the provisions above, the
Underwriters do not waive any other coverage defenses, whether in fact, law or contract. The policy is adopted
and incorporated by reference as if set forth fully herein.
3
Exhibit 7.

6
Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 7 of 8

a) Faulty workmanship, or the installation or use of improper or


defective materials . . .

b) Faulty production or assembly procedures even if constituting faulty


design.

...
(Exhibit 7, pp. 5,10).

IV. COUNT ONE – DECLARATORY JUDGMENT

26. The Underwriters adopt and incorporate by reference the foregoing as if set forth

fully herein.

27. By stating the grounds for relief requested herein, the Underwriters reserve the

right to assert any other term, condition or exclusion contained in the policy, which is adopted

and incorporated by reference as if set forth fully herein.

28. C & G Boat Works has made a claim for insurance benefits as a result of the

above-described damage/incidents.

29. An actual controversy exists as to whether the policy provides coverage such that

a declaration by this Honorable Court of the parties’ respective rights and obligations under the

contract of insurance is necessary. Specifically, a controversy exists with respect to the damage

to Hull 117’s engines are excluded by Addendum 2, as set forth herein.

30. A real, bona fide controversy exists between the parties with regard to the duties

and obligations under the policy as to the existence of coverage for the claims submitted by C &

G Boat Works.

WHEREFORE, the Underwriters pray:

a. This Honorable Court take jurisdiction of this cause;

7
Case 1:11-cv-00283-KD-N Document 1 Filed 06/02/11 Page 8 of 8

b. This Honorable Court order, adjudge and decree that there is a bona fide

controversy between the parties as to their legal rights, duties, status and liability;

c. That upon final hearing of this cause, this Honorable Court will declare that no

coverage is provided under the applicable policy of insurance; and

d. The Underwriters requests such other, further or additional relief to which they

may be entitled, whether or not specifically requested herein.

Respectfully submitted on this the 2nd day of June, 2011.

/s/ LaBella S. Alvis _


John W Johnson, II
LaBella S. Alvis
Attorneys for the Underwriters

OF COUNSEL:
CHRISTIAN & SMALL, LLP
505 North 20th Street, Suite 1800
Birmingham, Alabama 35203
(205) 795-6588

DEFENDANT’S ADDRESS
TO BE SERVED BY CERTIFIED MAIL

C & G Boat Works, Inc.


P. O. Box 1725
Mobile, AL 36633

8
Case 1:11-cv-00283-KD-N Document 1-1 Filed 06/02/11 Page 1 of 5
Case 1:11-cv-00283-KD-N Document 1-1 Filed 06/02/11 Page 2 of 5
Case 1:11-cv-00283-KD-N Document 1-1 Filed 06/02/11 Page 3 of 5
Case 1:11-cv-00283-KD-N Document 1-1 Filed 06/02/11 Page 4 of 5
Case 1:11-cv-00283-KD-N Document 1-1 Filed 06/02/11 Page 5 of 5
Case 1:11-cv-00283-KD-N Document 1-2 Filed 06/02/11 Page 1 of 6
Case 1:11-cv-00283-KD-N Document 1-2 Filed 06/02/11 Page 2 of 6
Case 1:11-cv-00283-KD-N Document 1-2 Filed 06/02/11 Page 3 of 6
Case 1:11-cv-00283-KD-N Document 1-2 Filed 06/02/11 Page 4 of 6
Case 1:11-cv-00283-KD-N Document 1-2 Filed 06/02/11 Page 5 of 6
Case 1:11-cv-00283-KD-N Document 1-2 Filed 06/02/11 Page 6 of 6
Case 1:11-cv-00283-KD-N Document 1-3 Filed 06/02/11 Page 1 of 4
Case 1:11-cv-00283-KD-N Document 1-3 Filed 06/02/11 Page 2 of 4
Case 1:11-cv-00283-KD-N Document 1-3 Filed 06/02/11 Page 3 of 4
Case 1:11-cv-00283-KD-N Document 1-3 Filed 06/02/11 Page 4 of 4
Case 1:11-cv-00283-KD-N Document 1-4 Filed 06/02/11 Page 1 of 4
Case 1:11-cv-00283-KD-N Document 1-4 Filed 06/02/11 Page 2 of 4
Case 1:11-cv-00283-KD-N Document 1-4 Filed 06/02/11 Page 3 of 4
Case 1:11-cv-00283-KD-N Document 1-4 Filed 06/02/11 Page 4 of 4
Case 1:11-cv-00283-KD-N Document 1-5 Filed 06/02/11 Page 1 of 4
Case 1:11-cv-00283-KD-N Document 1-5 Filed 06/02/11 Page 2 of 4
Case 1:11-cv-00283-KD-N Document 1-5 Filed 06/02/11 Page 3 of 4
Case 1:11-cv-00283-KD-N Document 1-5 Filed 06/02/11 Page 4 of 4
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 1 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 2 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 3 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 4 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 5 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 6 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 7 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 8 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 9 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 10 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 11 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 12 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 13 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 14 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 15 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 16 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 17 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 18 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 19 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 20 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 21 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 22 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 23 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 24 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 25 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 26 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 27 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 28 of 29
Case 1:11-cv-00283-KD-N Document 1-6 Filed 06/02/11 Page 29 of 29
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 1 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 2 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 3 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 4 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 5 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 6 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 7 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 8 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 9 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 10 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 11 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 12 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 13 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 14 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 15 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 16 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 17 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 18 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 19 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 20 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 21 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 22 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 23 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 24 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 25 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 26 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 27 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 28 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 29 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 30 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 31 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 32 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 33 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 34 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 35 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 36 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 37 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 38 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 39 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 40 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 41 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 42 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 43 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 44 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 45 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 46 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 47 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 48 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 49 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 50 of 51
Case 1:11-cv-00283-KD-N Document 1-7 Filed 06/02/11 Page 51 of 51
Case 1:11-cv-00283-KD-N Document 1-8 Filed 06/02/11 Page 1 of 2 \\ - 3q3-+D -N
aJS44 (Rev. I2107) CIVI COVER SHEET tr-
bylocalruleso|court'Thisform,approvedbytheJudiciaI
the civil docket sheet, (sEE INSTRUCTIONS oNTHEREVERSEoFTHEFoRM,)

l. (a) PLAINTIFFS DEFENDANTS


Northein Assurance Company of Notlh America, et al C & G Boat Works, Inc.

(b) County ofResidence ofFirst Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U,S. PLAINTIFF CASES) ON U.S. PLAINTIFF CASES ONLY)
NOTE: lN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c) Attornev's (Firm Nme, Address, and Tclephone NurlbeJ) Attomeys (If Krown)
LaBdii6 S:'Aivid, ibhn WJohns-oir, l[; Ch'iistian & Small LLP, 505 N 20th St,
Birmingham, Alabama 35203; (205) 795-6588

II. BASIS OF JURISDICTION (Place m "X" in one Box only) III. CITIZENSHIP OF PRINCIPAL PARTIESelace an "X" in one Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
DI U.S. Goveurment O3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Govement Not a Party) Citizen ofThis State O I El ! llcorporate! o/ Principal PlacL: J 4 04
of Business ln This State

O 2 U.S. Covetrunent E4 Diversity CitizenofAnotherstate d2 J 2 IncorporatedandPrincipalPlace O 5 O 5

Deferdmt ofBusiness ln Another State


(lndicate Citizership ofPuties in lten lll)
Citizen or Subject ofa 0 3 O 3 ForeignNarion n 6 O 6

IV. NAT
FI I l0 lnsurance PERSONALINJURY PERSONALINJURY 610 Agriculture 422 Appaal 28 USC 158 4O0 State Reapportionment
U 120 Mdne 310 Airplane D 362 Personal lnjury - 620 Other Food & Drug 423 Withdrawal 0
4 I Antitrust
D 130 Miller Act 315 Airylane Product Med, Malpractioe 625 Drug Related Seizure 28 USC 157 430 Bmks md Bmking
o 140 Negotiable lnstrument Liability D 365 Personal lnjury - ofPropeny 2l USC 881 450 Commeroe
O 150 Recovery of Overyalment 0 320 Assault, Libel & Produot Liability D 630 Liquor Laws 460 Deportation
& Enforcernent of Slander n 368 Asbestos Personal D 640 R.R. & Truck 470 Racketeer Influenced ald
D I5l MedicseAct 3 330 Federal Employors' Itrjuty Product n 650 Airline Regs. 0 830 Patent Compt Organizations
I 52 Recovery of Defaulted Liability Liability O 660 Occupational 0 840 Trademark 480 Consurner Credit
Student Loans O 340 Marine PERSONAL PROPERTY Safety/Health D 490 Cabls/Sat TV
(Excl. Veterms) O 345 Mdne Product D 370 Other Fraud D 690 Other D 8 l0 Selective Serryice

0 I53 Recovety ofoveryayment Liability 3 371 Truth in Lending o 850 SecuritiEVCornmodities/


ofVeteran's Be[efits 350MotorVehicle f, 3S0OtherPersonal ll 7l 0 Fair Labor Stmdards 861 HtA (t395f0 Exchmge
tr 160 Stockholders' Suits 355 Motor Vehiole Property Dmage Act 862 Black Lung (923) D 875 Customer Challenge
0 190 Other Conhacl Product Liability 0 385 Propetty Damage 720 Labor/Mgrnt. Rclations 863 DIWC/DIWW (40s(g)) l2 usc 34r0
o 195 Contract Product Liability 360 Other Pe6onal Product Liability 730 Labor/Mgmt.Reporting 864 SSID TitIE XVI o 890 Other Statutory Actions
o & Disolosure Act D 891 Agricultural Acts
740 Railway Labor Act o 892 Eoonomic Stabilization Act
O 210 Lmd Condetmation 441 Voting 510 Motions to Vacate 790 Othcr Labor Litigation 870 Taxes (U.S. Plaitrtiff n 893 Ervironmental Matters
D 220 Foreclosure 442 Employment Sentetrca 791 Empl. Ret. lnc, or Defendmt) D 894 Energy Allocation Act
O 230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Secuity Act 871 IRS-Thnd Ptrty 895 Freedom of lnformation
O 240 Torts to Lmd Accolmodations 530 Genefal 26 USC 7609 Act
444 Welfae 535 Death Penalty 9O0Appeal of Fee Detennination
D 245 Torl Product Liabiliry
0 290 All Other Real Property 445 Aner. w/Disabilities - 540 Mandarnus & Othel Under Equal Access
Employment 550 Civil Rights 463 Habcas Corpus - to iustice
446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Consdrutionality of
Other 0 465 Other lmmigmtion State Statutes
0 440 Other Civil Rights Actions

V. ORIGIN (Plaoe m "X" in one Box only)


from
-,
Transfened
El Original D 2 Removedfrom tr 3
Proceeding State Court
Remandedfrom
Appellate Court
D 4 Reinstated or
Reopened
O anolnerolstncl n
-
6- Multidistrict J
Litigation
7

CitetheU,s.CivilStatuteunderwhichyouarefiling (Donotcitejurisdictionalstatutesunlessdiversity):
VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN 0 cuecr IF THIS IS A clAss ACTION DEMAND $ CHECK YES only ifdernanded in complaint

'000 exclusive of
COMPLAINT: UNDER F.R.C.P.23 Exceeds $75 JURY DEMAND: 0 Yes dNo
vrrr. RELATED CASE(S) (.ee
._
lnsnctrons): interest & Costs
ruDGE DOCKET NUMBER
lF ANY
SICNATURE ATTORNEY OF RECORD

06t01t2011 /s/ LaBella S. Alvis, Esq.


FOR OFFICE USE ONLY

RECEIPT# AMOUNT APPLYINC IFP MAG. ruDGE


Case 1:11-cv-00283-KD-N Document 1-8 Filed 06/02/11 Page 2 of 2

"Melanie R. Byrd" "efi le_newcases@a lsd. uscou rts. gov"


<M RByrd@csattorneys.com> To
<efile_newcases@alsd.uscourts. gov>
061021201'l 09:30 AM Jeff Odom <RJOdom@csattorneys.com>, Karen Jones
<KJones@csattorneys.com>
bcc
Subject
1 attachment
liq
,..i;.:
39981 - Civil Cover Sheet C&G.PDF

,l7375-4
Our File No.

Decr Sir or Modom:

Pleose find ottoched o Civil Cover Sheet regording o suit my firm intends io file
todoy. The porties involved ore os follows:
Plqinfitfs:
NORTHERN ASSURANCE COMPANY OF AMERICA,
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,
INDEMNITY INSURANCE COMPANY OF NA,
GREAT AMERICAN INSURANCE COMPANY,
AGCS MARINE INSURANCE COMPANY,
ESSEX INSURANCE COMPANY,
CATLIN INSURANCE COMPANY,
ZURICH AMERICAN INSURANCE COMPANY, ond
TRAVELERS INSURANCE COMPANY

Represented by LoBello Alvis ond John W Johnson, llwith Christion & Smoll LLP

Defendonf:
C & G BOAT WORKS, INC.

Pleose chorge our firm's credit cord for the $350 filing fee. The number is os
follows:
479804200097 8924r Exp.8/12; SIC # 458

Should you hove ony questions, pleose do not hesitoie fo contoct me of the number
below or by response to this emoil.

Sincerely,
Melonie Byrd