Bobby N. Harmon, CPCU, ARM
Louisville, Kentucky 40229-1655
February 27, 2003
VIA fax only @ (441) 295-7524
Patrice A. Fray, AIC
Senior Claims Analyst
XL Insurance (Bermuda) Ltd.
P.O. Box HM 2245
Hamilton HM JX, Bermuda
RE: Notice of Claim Against P&C Insurance Co., Inc., et al. - Policy No. XLRKS-01796
XL Claim Number XLRS-01796-1999-0005-XLR
Dear Mrs. Fray:
Thank you very much for your letter of February 11, 2003. Since it appears that you had no prior knowledge of this claim, I will try to give you a brief background of the case.
To begin with, I do understand that XL’s policy is a reinsurance contract issued to P&C, and under any normal circumstances I would have no reason to report this claim to the reinsurance carrier. Because I had not received a response to my many prior notices of claims to P&C, however, I felt that it was highly probable that P&C had NOT reported these claims to their reinsurance carrier.
You state that your reinsurance contract issued to P&C incepted September 1, 1997 and expired, at the latest, on July 1, 2000. My RICO lawsuit naming the individual trustees of Kamehameha Schools Bishop Estate, P&C Insurance Company, Marsh & McLennan and others was filed on April 27, 1999.
The latest claims which I referred to in my letter dated June 21, 2002, arose from fraudulent misrepresentations and other wrongful acts that occurred during the global settlement of this RICO lawsuit, my employment security claim, KSBE’s initial lawsuit against me which alleged breach of confidentiality and theft of trade secrets, and my wrongful termination countersuit.
As my RICO lawsuit was filed during the term of your reinsurance contract, it would appear that XL may have some liability. I suggest that you contact P&C Insurance Company for further information.
Again, I thank you for your response. Should you have any questions regarding this matter, please feel free to contact me.
Sincerely,
Bobby N. Harmon, CPCU, ARM
cc’s: Attorney General Mark Bennett, State of Hawaii
VIA fax @ 808-586-1239
Dr. Randy Roth, Office of the Governor, State of Hawaii
VIA fax @ 808-956-5569
Mr. J. P. Schmidt, Hawaii Insurance Commissioner
VIA fax @ 808-586-2806
Wade Clark, Criminal Investigation, Internal Revenue Service
VIA fax @ 602-207-8010
Benjamin M. Matsubara, Esq.
Kamehameha Schools Master
888 Mililani St., 8th Floor
Honolulu, HI 96813-2918
Kamehameha Schools, c/o Matt Tsukazaki, Esq., Torkildson, Katz, et al.
VIA fax @ 808-523-6001
Dennis Fern, President, Kukui, Inc.
VIA fax @ 808-394-0689
Robert Katz, Atty. for Torkildson, Katz, Fonseca, Jaffe, Moore & Hetherington
VIA fax @ 808-523-6001
Hamilton McCubbin, CEO, Kamehameha Schools
c/o Susan Tius, Rush Moore Craven Sutton Morry & Beh
VIA fax @ 808-521-0597
P&C Insurance Company, Inc., c/o Aon Insurance Managers
VIA fax @ 808-540-4301
Janet S. Hughes, Mgr., Employee Plans & Exempt Organizations, IRS
VIA fax @ 303-844-3596
Billy Beaver, Pension & Welfare Benefit Administration
VIA fax @ 626-229-1098
T.M. Kittredge, Esq., Morgan, Lewis & Bockius
VIA fax @ 215-963-5299
P&C Insurance Company., Inc., c/o Ayabe Chong Nishimoto Sia & Nakamura
VIA fax @ 808-526-3491
Federal Insurance Company, Claims Dept., Attn: Winnona Donaldson
VIA fax @ 213-833-5200
John Mullen & Co., c/o James V. Myhre, Esq.
VIA fax @ 808-524-2556
Kamehameha Schools, c/o Melvyn M. Miyagi, Esq., Miyagi, Nohr & Myhre
VIA fax @ 808-524-2556
Gerard Jervis, Lokelani Lindsey, Henry Peters, Oswald Stender, Richard Wong
c/o Kenneth B. Hipp, Esq., Marr, Hipp, Jones & Pepper
VIA fax @ 808-536-6700
Kenneth B. Hipp, Esq., Marr, Hipp, Jones & Pepper
VIA fax @ 808-536-6700
PricewaterhouseCoopers, LLP, c/o Warren Price, III
VIA fax @ 808-533-0549
Marsh & McLennan Companies, Inc., c/o Robert F. Miller, Esq.
735 Bishop Street, Suite 320
Honolulu, HI 96813
Marsh Management Services, Inc.
VIA fax @ 808-585-3513
Miller & Chevalier
VIA fax @ 202-628-0858
Mary Lou Woo, Trustee, c/o Steven Guttman, Esq.
VIA fax @ 808-529-7177
John Goemans, Esq.
VIA fax @ 808-887-1099
Arnold T. Phillips, Esq.
VIA fax @ 808-528-5006
Roy F. Hughes, Esq.
VIA fax @ 808-521-7489
Bradley R. Tamm, Esq.
VIA fax @ 808-524-4844
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