Bobby N. Harmon, CPCU, ARM
10951 Southgate Manor Dr. #4 Tel & Fax No. (502) 964-0694
Louisville, Kentucky 40229-1655
June 3, 2003
VIA fax only @ (808) 539-9738
Mr. Casimer Fidele
Tradewind Insurance Company, Ltd.
P.O. Box 1520
Honolulu, Hawaii
Re: Demand for Arbitration (American Arbitration Association)
Claimant: Mary Lou Woo, Trustee
Ref. No.: 74 166 00491 03 JUSC
Pol. No.: THB 2951831
Dear Mr Fidele:
In response to your letter of June 2, 2003, with regard to the above referenced matter, I must respectfully disagree with your denial of any obligation to provide me with defense coverages under the terms of the subject policy.
This Demand for Arbitration arises out of a dispute over the interpretation of the Settlement Agreement reached under the original claim. This is not a new claim, but is merely the continuation of the original claim to which Tradewind Insurance Company was a party. Therefore, all arguments presented in your letter as reasons for disclaiming any obligation to cover, defend or indemnify me against the allegations in this latest Demand would appear to be invalid.
You state that at least some of the matters addressed in the Demand for Arbitration may have occurred after the policy had terminated. I do not consider this to be a valid reason for denial of reopening the claim. My “letter writing campaign” which the Trustee alleges is a breach of the Agreement, but which I strongly dispute, began prior to the termination date and has continued to the present. Several of these letters were, in fact, addressed to Roy Hughes, the attorney provided to me by Tradewind Insurance in this case. Another of the main disputed issues, for example, concerns the failure of Kamehameha Schools Bishop Estate to withhold Social Security taxes on the settlement amount, and to file the required IRS forms W-2 and 1099-R. This dates back to the settlement tax-year, and I originally brought this to the attention of Mr. Hughes in the fall of 2000. Again, this is a disputed issue arising out of the settlement which directly involved Tradewind Insurance Company.
With this additional information, I respectfully request reconsideration of your denial for the reopening of this claim. If you have any questions, please contact me as soon as possible.
Thank you for your consideration.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
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