CATALOGUE OF BOBBY HARMON’S DOCS (FOR US; DIFFERENT THAN DOCS-DOC.BE)
k:\jdm\harmon\docs.doc
11/20/96 Ltr fm NA to BH re termination [BH Ltr Ex. 1][1-3]
Return?
- not confidential or privileged
- it is to BH.
11/20/96 Ltr fm HP to BH re termination fm P&C [BH Ltr Ex. 2][4-5]
Return?
- not confidential or privileged
- it is to BH
08/14/96 Kamehameha Schools Bishop Estate Appraisal of Objective [BH’s] Performance by supervisor NA [BH Ltr Ex. 3][6-50]
Consisting of
- 13 page evaluation form (w/ computer title PERS-51(Rev. 10/95)[7-18]
- 4 page Ex. "A" document entitled Supplement to KSBE Appraisal of Objective Performance[19-22]
- 7 page Ex. "B" document entitled "Supervisor Comments", Period 7/1/95-6/30/96[23-30]
- p. 2: BH must understand that P&C was not created to work in a vacuum ... BH’s refusal to recognize this basic philosophy is evidenced by the hands-off attitutde towards the Legal Groups involvement in any claim ...
- 16 page response fm BH to NA responding to NA’s assessment[31-46]
-2 page ltr from Price Waterhowie to Myron Mitsuyaiu - 8/9/94 - re captive formation, arms-length[48-49]
-2 pg “Guidelines-P&C Ins. Co.- Arms-length relationships-10/1/94[49-50]
Return?
- not confidential or privileged
- was to him, evaluating his performance
11/07/89-07/01/95 KSBE Personnel Action Reports for Bobby Harmon (1 page ea.) [BH ltr ex. 4][51-58]
- 11/07/89[52]
- 12/01/89[53]
- 12/01/90[54]
- 12/01/91[55]
- 12/01/92[56]
- 07/01/95[57]
07/29/91 Ltr fm R. Esenberg to BH (1 page) [BH Ltr ex 4][58]
- Congratulations on being awared ... the ARM designation.
10/21/96 Ltr fm Marlene Sai to BH (1 page) [BH Ltr ex. 5][59-60]
- Thanking BH for participation in workshop on 10/05/96.
09/12/96 Confidential memorandum fm NA to BH re change in assignments and supervision (2 pages) [BH Ltr ex. 6][61-63]
- In light of my concerns in your handling of the Hobbs/Arkwright property insurance proposal, I am taking the following action Ex. 7 [64-121]
10/09/96 Confidential memorandum fm NA to BH re deficiencies in handling of placement and binders for the property insurance program (2 pages) [BH Ltr ex. 7][65-66]
11/08/96 Confidential memorandum fm BH to NA re handling of placement and binders for the property insurance program (14 pages) [BH Ltr ex. 7][67-80]
04/10/96 Telefax transmittal fm BH to Mike Korn (Hobbs Group) re broker authorization ltr [BH ltr ex 7][81]
04/10/96 Ltr fm BH to Whom It May Concern re Broker of Authorization for Hobbs Group, Inc. (1 page) [BH ltr ex 7][82]
04/10/96 Telefax transmittal fm BH to Rocco Sansone re property placement (1 page) [BH ltr ex. 7][83]
6/28/96 Broker Authorization letter to M&M for property proposal (1 pg)[84]
07/01/96 Memo fm RS to BH re non-exclusive authorization (1 page) [BH ltr ex. 7][85]
07/02/96 Ltr fm Mary Breighner (Arkwright)to BH (1 ltr) [BH ltr ex 7][86]
Stating that neither MM or any other agent can take over the Hobbs proposal even w/ an exclusive agent of record ltr
06/25/96 Ltr fm Peter Lowe (IMS Hawaii) to BH re P&C property coverage (1 page) [BH ltr ex. 7][87]
M&M ins mgt service says that in order to have P&C become writer for the prop insurance, these are the requirements
Shows BH was attempted to place prop ins in P&C in May/June
Plan was to put property coverages into P&C
07/02/96 Ltr fm T. McGrath to NA (1 page) [BH ltr ex 7][88]
Shows that the property proposal fm Hobbs was sent directly to NA
07/08/96 Ltr fm LK to RS (MM) re proeprty insurance evaluation (2 pages) [BH ltr ex 7][89-90]
LK is sending Hobbs proposal to MM for review
BH not reprimanded for not letting them know what happening on proposal, when they’re handling it themselves
07/16/96 Memo fm RS (MM) to Tim McGrath (Hobbs) re additional information property proposal (1 page) [BH ltr ex. 7][91]
This is to confirm our discussion on 7/15//96 and outline the addl information required by KSBE and myself to complete the proposal analysis ... KSBE is requesting additional time to review and make recommendations to trustees
07/30/96 Ltr fm RS to NA re Arkwright/Genesis Proposal Analysis (2 pages) [BH ltr ex 7][92-93]
Shows that NA was being kept advised
06/18/96 Letter of transmittal fm BH to NA (enclosing draft of 6/17/96 staff report on restructuring prop ins) with handwritten notes on it fm 6/20/96 mtg w/ NA &/or LK (1 page) [BH ltr ex 7][94]
BH was being directed by NA/LK re how to draft up the staff report, no mention of fact that prop ins would be placed w/ P&C as opposed to being written direct by Hobbs or M&M
06/17/96 6/17/96 draft staff report re restructuring prop ins (3 pages) [BH ltr ex 7][95-97]
07/26/96 7/26/96 draft staff report re restructuring prop ins, w/ LK’s printed notes/interlineations in margins (5 pages) [BH ltr ex 7][98-102]
08/13/96 8/13/96 draft staff report re restructuring prop ins (3 pages) [BH ltr ex 7][103-105]
As drafted/watered down by LK/NA
BH couldn’t get to trustees w/o going thru LK/NA
Their thrust was to have MM be able to take over the Hobbs proposal, even though the staff report was supposed to get approval to have Hobbs do it
08/15/96 Memo fm RS (MM) to BH re "broker of record property placements" (1 page) [BH ltr ex 7][106]
MM telling BH that exclusive broker ltr should be sgd by BH, they would bind w/ Genesis, and then they would have Hobbs buying coverage w/ Arkwright
Impossible situation b/c coverage was w/ Arkwright. Genesis not involved on the primary
Hobbs ltr -- no broker of record ltr is possible
Not what staff report indicated would be done; no what trustees had indicated
08/15/96 Client’s letterhead "to whom it may concern" (1 page) [BH ltr ex 7][107]
This is the sample broker of record ltr which RS wanted BH to sign and which accompanied the memo dtd 8/15/96
And NA and LK wanted her to sign
This is the date switching over to Hobbs, had to get bound that day
That day, BH’s instructions fm Trustee was to bind coverage
But, this is not the way to bind. MM couldn’t bind coverages, w/ or w/o this letter
08/19/96 Memo fm RS to BH re "property insur binder: Arkwright, Genesis (1 page ) [BH ltr ex 7][108]
Says again that MM is trying to tell Hobbs that MM is still the licensed general agent for this program
But they are not licensed w/ Arkwright, so cannot be
08/20/96 Telefax transmittal to RS (MM) fm BH (1 page) [BH ltr ex 7][109]
Response to RS’s memo dtd 8/19/96
BH saying that Hobbs is in compliance, according to Hobbs
Re JM (Hobbs) and LK, has 2 licensed agents in HI
Agreed Hobbs would work w/ M& to attempt to get them licensed in HI for arkwright -- but M&M never able to do it, didn’t do it
NA/LK cc’d -- but NA says in his ltr that didn’t know about 4 star
08/26/96 Ltr fm RS to J. McGrath (Hobbs) cc to NA, LK (2 pages) [BH ltr ex 7][110-111]
RS telling Hobbs all kinds of things that aren’t correct
- in compliance w/ ins code -- saying what needs to do to be in compliance
But M&M is talking directly to McGrath w/ cc’s to LK/NA, but BH being blamed for mishandling whole affair
08/28/96 Ltr fm RS to J. McGrath (Hobbs) cc to NA, LK (3 pages) [BH ltr ex 7][112-114]
RS telling Hobbs to sign a contract w/ MM
Hobbs is not going to sign this kind of an agmt, b/c as of this date Hobbs had bound coverage since 8/15/96
NA not paying bills, b/c trying to get MM involved.
08/29/96 Ltr fm J. McGrath to RS cc NA/LK (2 pages) [BH ltr ex 7][115-116]
Responding by telling MM that premiums need to be paid to 4 star, Hobbs had sent an agmt to MM re possibility of servicing agmt
- MM wouldn’t do, b/c had non-compete in there
RS had mentioned to Hobbs that had contacted the offices/legal of Arkwright and Hobbs could find no record that anyone had ever contacted Arkwright to get appointed as agent
08/15/96 Fax transmittal fm BH to T. McGrath (Hobbs) re "insurance proposal" w/ cc to NA, LK, RS (1 page) [BH ltr ex 7][117]
I have been advised that the trustees have approved your property insurance proposal effective this date. Pls. send confirm. of binding eff 8/15/96
??/??/?? Unsigned Consulting Agmt b/w Hobbs & MM (2 pages) [BH ltr ex 7]
MM not going to sign, b/c non-compete clause and trying to take over business[118-119]
11/18/96 Confidential memorandum fm NA to BH re "deficiencies in handling of placement and binders for the property insurance program" cc LK (2 pages) [BH ltr ex 7][120-121]
NA’s response to BH re BH’s 11/18/96 resp to Pers 9
BS b/c before this, LK/NA were involved in this directly, and got cc’d on everything
10/17/96 Confidential memorandum fm LK to BH re "inadequate response to desert springs marketplace insurance req. of JFK Memorial Hosp. cc to NA (2 pages) [BH ltr ex 8][122-124]
Not too impt
Another reprimand ltr, more harassment, basically
LK telling BH how to do job
She got MM involved b/4 BH even got ltr
11/14/96 Confidential memorandum fm BH to LK re "inadequate response to desert springs marketplace insurance req. of JFK Memorial Hosp. cc to NA cc to NA and Sandra Wicklein (Dir. Personnel) (3 pages) [BH ltr ex 8][125-127]
BH’s response to LK’s pers 9
09/26/96 Confidential memorandum fm David Dunigan (Risk asst, KSBE, BH’s secretary) to LK re "memo fm Lyn Pummill re JFK memorial hospital w/ attached docs" cc Colleen Wong and BH (1 page)[128]
10/02/96 Atty client priv work product memo fm BH to Lynn Pummill (Legal Asst, Corporate Invest Legal Div) re reid/dsm JFK Memorial Hosp; gneral" (1 page) [BH ltr ex 8][129]
Responding to req fm Desert Springs mkt place re whether should accept cert of ins fm JFK hospital for lease
Shows how had to go thru para in legal dept and LK every time he needed to make a basic risk managent decision
LK saying inadequate response, but who’s she to say.
Normally, would go fm prop mgr to BH and he would make decision
This was BH’s response that LK was criticizing
She was shocked at the brevity of it
11/19/96 Confidential memorandum fm LK to BH re "pers 9 response to memo dtd 11/14/96" cc to NA b& personnel file (2 pages) [BH ltr ex 8][130-131]
LK’s response to BH’s response to her original Pers 9 about JFK hospital
You should have contacted L. Pummill, C. Wong or M. Kakaza to discuss the matter
LK says that he’s operating in a vacuum
09/10/96 Memorandum fm LK to BH re "interim reporting requirements" cc to NA (2 pages) [BH ltr ex 9][132-134]
This was the issue on the reporting requirements, that BH had to send everything thru her
This is what causes the confusion and delays in responding to JFK request
11/06/96 Confidential memorandum fm BH to LK cc NA re "pers 9 failure to exercise professional judgment and initiative in responding to request for inspections"
(2 pages) [BH ltr ex 10][135-137]
Yet, this is something LK was supposed to be responsible for. Now blaming BH
People on campus got the request b/c they were ones originally req inspections.
Inspectors fm Arkwright notified them of it first, then notified BH (not knowing change in procedures)
BH got reques on 10/23, he was coming into town on 10/28 (Mon)
According to procedures, BH has to give to her, but she was responsible for it
LK writing him up for responsibility that was not his -- on date when his mother in law died
11/06/96 Conversation (phone call) record of conversation b/w Factory Mutual inspector and LK (recorded by LK) (1 page) [BH ltr ex 10][138]
She’s saying that she had to do all of this stuff, and he didn’t tell her about it
08/09/94 Ltr fm Mark McConaghy (Price Waterhouse) to Myron Mitsuyasu (2 pages) [BH ltr ex 11][139-141]
BH’s directives fm the beginning
Basis for forming the captive
??/??/?? "Alternative" document from Price Waterhouse (10 pages) [BH ltr ex 11][142-151]
Stressing need for "arms length"
10/01/94 Guidelines - P& C Insurance Company, Inc. - Arms Length Relationships (2 pages) [BH ltr ex 11][152-153]
BH drafted this fm the Price Waterhouse stuff
10/11/96 Memorandum fm BH to Henry Peters cc NA & LK (1 page) [BH ltr ex 12][154-155]
09/24/96 Interoffice memorandum fm E. Martinson/A. Au (Fin. Asset. Div. KSBE) to Ramona Hinck (KSBE acctg) re "insurance allocation" cc C. Wong and BH (1 page) [BH ltr ex. 13][156-157]
This one the IRS would be interested in
BH’s jobs were to allocate to KSBE and subsid, which he did
This ltr says that some of the subsids should not be allocated these premiums
This had already been done, bills had gone out to subsids
This instruction is to have acctg dept take the allocation back and not reallocate out
Effect is that KSBE is paying premiums instead of subsids
Wanted to do this to keep Unison, SoCal, SINO hush-hush
Did not want to provide financial statements on these subsids this time around
If don’t allocate premiums to companies, shouldn’t have coverage under the policies
As risk manager, cannot delete coverages w/o authority fm directors and officers of the companies
10/21/94 Memo fm BH to E. Martinson (KSBE Asset Mgt group) reinsurance allocations - Socal; Unison; Sino" cc NA, LK etc (2 pages) [BH ltr ex 13][158-159]
BH’s response to E. Martinson’s memo dtd 9/24/96
08/28/97 Ltr fm BH (Pres P&C) to Peter Lowe (MM Ins. Mgt) re "Prelim. budget for P&C Company) cc Peters, Richardson, Tam, Hara and NA (2 pages) [BH ltr ex 21][160-162]
Couldn’t finalize budget until knew what was going on w/ the property ins, Arkwright/Hobbs/MM etc
??/??/?? P&C Insurance Company - Risk Management Service Requirements & Safety & Laws Control Service Requirements (2 pages) [BH ltr ex 21][163-164]
Enclosure to 8/28/97 ltr fm BH to P. Lowe
09/05/96 Ltr fm BH (P&C) to P. Lowe re "insurance renewals/budget" (1 page) [BH ltr ex 21][165]
This is just evidence that BH was requesting info for renewals fm the budget as Pres of BH, not as employee of KSBE
09/06/96 Confidential telefax transmittal fm BH to P. Lowe re "preliminary budget for P&C Ins. Co. (1 page) [BH ltr ex 21][166]
MM said never got fax of 8/28, which requested this info, so this is BH sending a followup to original
MM was stalling here
09/11/96 Ltr fm BH to P. Lowe / Garret Liu re "budget renewals" (1 page) [BH ltr ex 21][167]
Followup that we had not recvd the reinsurance quotes or proposal for admin services, or safety and loss controls fm MM PC and everything needs to be done immed. Getting short on time
09/17/96 Confidential telefax transmittal fm BH to P. Lowe re ""P&C insurance renewals" (1 page) [BH ltr ex 21][168]
More of the same, following up
All the while, LK is fighting it, saying give them more time
09/17/96 Telefax transmittal fm BH to P. Lowe re "P&C Renewal Premiums / Budget for 1996-1997 fy" (1 page) [BH ltr ex 21][169]
Since didn’t recv proposals fm MMI, still wanted to go w/ $200K flat
BH said cut in half for risk mgt fee for budget purposes
09/18/96 Telefax transmittal fm BH to P. Lowe re "P&C Renewal" (1 page) [BH ltr ex 21][170]
Since didn’t recv proposals fm MMI, still wanted to go w/ $200K flat
BH said cut in half for risk mgt fee for budget purposes
After cut down to $10K, then after reviewed prelim drafts, reduced further to $50K
09/18/96 P&C Insurance Company Renewal Premiums 10/01/96-07/01/97 (1 page) [BH ltr ex 21][171]
Alloc. b/w w/c, gen liab, auto, prop, totals
This is BH’s allocation worksheet
10/01/96 Memo fm BH (P&C) to Peter Lowe re "MM Third Party Service Provider Contract" cc LK & RS (2 page) [BH ltr ex 21][172-173]
This is impt b/c after all of asking for time and expense basis and cutting it down, BH told Peter still hadn’t recvd service proposal for MMI
"Rocco says proposal was included in stewardship reprt" which is something MM provides to KSBE; wasn’t what BH was asking for; proposal should have come b/c budget and renewal premiums dependent
??/??/?? KSBE P&C Insur Company Advisory Fee 96-97 w/ pie chart (1 page) [Bh ltr ex 21][174]
Stuff they’re saying included in $200K is already been paid for in commissions to MM thru commission on KSBE business etc.
10/11/96 Facsimile message fm Garrett Liu to BH (1 page) [BH ltr ex 21][175]
"My summary of the mtg is enclosed"
??/??/?? Summary of mtg held on 10/8/96 re Risk Mgt Fee Proposal between BH, LK, RS, PL and Garrett Liu (1 page) [BH ltr ex. 21][176]
BH had MM put in writing so what happened at mtg wasn’t coming fm BH
LK says flat fee should be OK.
Arms-Length issue: LK attempting to direct & control P&C’s contracts with independant contractors, which effects P&C’s premiums.
10/29/96 Ltr fm BH to RS re Fess for Service to P&C (4 pgs)[BH ltr Ex. 21][177-180]
-states that M&M’s proposal for $200,00 flat fee is unworkable. Request was for proposal was to be on time & expense basis. Ltr gives “benchmark” proposals from other local captive managers on time and expense basis, with estimates of annual charges from $25,000 to $36,000. This letter on P&C letterhead, with BH signing as President.
???? Chart of vendor’s Accounts shows Commission, and fees for M&M & John Mellen & Co. for years 1991-1996[181]
10/30/96 Ltr fm LK to RS (1 pg)-telling M&M to disregard BH’s ltr of 10/29/96. This ltr is on KSBE letterhead. This is contrary to “arms-length” guidelines[182]
10/31/96 Ltr fm LK to BH (2 pgs)-PERS 9 Report[183-184]
“Failure to Adhere to Directions” - reprimand to BH for sending 10/29/96 letter w/o approval from LK & NA. Threatens termination if future directives not followed. violates arms’length guidelines against management and control by KSBE employees.
10/20/96 Memorandum fm BH to LK re "LG/Admin: Pers 9 report: Failure to adhere to directives cc NA and S. Wicklein (4 p) [BH ex 21] [185-188]
[BH thinks is key ltr]
She is reprimanding him for failure to follow directives. Wrote ltr on behalf of P&C on ltrhd re fees being charged to P&C by M&M.
He said that acted responsibly and w/in authority to rescind BH to M&M’s Sansone questioning the fees, which he had every right and duty to question. She rescinded it anyway. On KSBE ltrhd.
Heavy on "arms length" and obligation, fiduciary duties, and signing legal documents
Said felt would be liable for answers re internal revenue service.
07/19/95 Memorandum fm BH to Neil Hannahs (KSBE Kakaako) re environamental remediation contract, Waterpark Tower Site [BH Ex 22] [190-192]
Raised a lot of ques re remediation, that K’s not proper, ins. not proper, bid bonds had not been arragned, questioned whether there was actual specs for bidding. Indep consultant w/ no contract or copy of insurance.
08/01/95 Memo fm BH to NH cc J. Peterson, NA, P. Chang, Alan Yee, Alan Young, RS (Ex. 22] [193-197]
More of same re previous 7/19/95. Difficulty in obtaining insur b/c of lack of contracts and info, environ studies, etc.
08/16/95 Interoffice corres fm Chris (MM) to Rocco (MM) (ex. 22) [198]
Still unable to to obtain ins, b/c project already begun
Still, lack of information
08/22/95 Memo fm BH to NH cc J. Peterson, NA, PC, Allan Yee, Allen Young, RS (Ex. 22) [199-201]
Followup for more info and re Stay & Sons ins not in order for project.
Ins had to know contractors b/r ins
08/28/95 Memo fm P. Lawe (Commerce & Industry, S.F.) to Christine Lee (MM) [202]
Unable to quote b/c work at the site already commenced
Need full underriting info on contractors to provide coverage
Couldn’t even find that Stay & Sons were license
Exposes estate to huge losses that are not insured.
09/05/95 Memo fm BH to NH re waterpark tower insurance bonding/risk/safety [2-3-305]
Still req info for insurance
Even if didn’t have environ coverage, still needed at least a CGL fm Stay
Needed copies of permits, etc, insur certif, contracts
09/05/95 Memo fm BH to First Ins re Stay and Sons insurance for environmental services [206-207]
Still attempting to get evidence of proper ins coverage
Ex. 23 [208]
07/15/93 Mem fm E. Tabangay (KSBE engr) to Tony Sereno, NA, M. Chun,Gil Tam cc A. Young, C. Wong, K. Wilkinson, BH and B. Clark re Organizational Wide ADA KSBE action plan [209]
BH says that trustees/land mgrs when it came to spending money, many times didn’t want to spend the money
ET request to devise and implement an "action plan"
Everyone was concerned about this.
Legal took over, although risk mgt issue, b/c didn’t want people to know; wanted to be able to say confidential
Spend less money, get more commission.
Ex. 24 [211]
??/??/?? ADA Class Action Claim information re McConnell suit [212-214]
Enclosure w/ next ltr?
Re ADA class action claim made on 6/26/95
They were claiming what everyone had been fearing all along
09/06/95 Memo fm BH to LK re McConnell claim cc Hare, McCullough (United Educators, N. Seamon, Pat Onogi (MM) RS, NA bcc R. Wong RHSCI, J. Kim [RHSCI] [215-216]
Pointing out that not in compliance w/ educators legal liab claim
Didn’t get approval of def counsel fm United Educators
Engaged experts not discussed w/ or approved by the ins co
Also talks about arms length allocations of claims costs (w/in self insured retention) amongst entities
??/??/?? Enclosure to ltr dtd 9/6/95 above (Guidelines for defense fm United Educators) [217-220]
09/14/95 Memo fm BH to LK re McConnell/Carrejo claim - UE file 103956 [221-222]
A number of subsids are being added as D’s
2 diff insurers (UE and Chubb)
Started as UE b/c just KSBE; subsids naming triggered Chubb
This memo is just now giving basic details on the Chubb policies; guidelines
03/15/96 Ltr fm M. Goolsby (Chubb) to BH [223]
Indicated that Chubb closing file b/c told defense costs well below the $250K deductible
03/29/96 Fax fm BH to Goolsby [224]
acknowledges ltr of 3/15 and advises that we had just the day of his ltr trasmitted billings in excess of $250K
10/10/96 Memo fm BH to LK re UEI Chubb D&O liab claim McConnell/Carrejo cc NA [225-226]
Re allocations of claims costs
Had never been able to pay fees or costs to CSFW b/c never got info on how going to allocate
So, NA started paying out of OGC acct and telling acctg that going to be reimbursed fm ins. claims acct
BH pointing out incorrect, not all going to be reimbursed
Some should have been paid directly by subsids
03/21/96 Memo fm Shevon Garnett (KSBE Legal) to Nancy Kane (A/P superv, conroller div) re attys fees approved for pymt on McConnel case to CSFW $361,383.62 cc NA[227]
"KSBE is to be reimbursed by [ins companies] ..."
This is not true -- Chubb would not pay those bills.
05/2/8/96 Memo fm Shevon Garnett (KSBE Legal) to Nancy Kane (A/P superv, conroller div) re attys fees approved for pymt on McConnel case to CSFW $97,546.11 cc NA [228]
More bills, same as previous (3/21/96).
05/21/96 Memo fm Linda Jacobs to Diana Montez [229]
More bills fm Cades to be paid out of OGC budget re McConnell litigation
09/30/06 KSBE Montly Legal Status Report on McConnell [230]
Total billed to date $502,071.98
Ex. 25 [231]
09/23/96 Draft staff report re renewals of prop and cas ins policies (96-97) [232-235]
Recommending trustees approve renewal of all expiring policies
Talking about $4M in premiums
Recommends that P&C provide the prop ins proposal w/ Arkwright providing the reinsurance
Per LK & NA, that direction was to be deleted (handwritten interlineation)
09/23/96 Revised "final version" of draft staff report re renewals of prop and cas ins policies (96-97) [236-239]
[Very impt staff report]
[Notes approval by LK but not by NA]
Impt policies, large premiums, yet never presented to Trustees by NA, even after rewritten it according to their instructions
09/27/96 Ex. attached to "final" staff report w/ table showing that premiums going down every year [240]
Ex. 26 [241]
11/07/96 Memo fm RS to LK w/ cc to BH and C. Lee (MM) re consent to settle endorsement [242]
arms length issue again
RS/LK working together to get control of the claims away from P&C to KSBE
??/??/?? Consent to Settle Clause (encl to 11/07/96 memo fm RS to LK) [243]
Ex. 27 [244]
07/22/92 Memo fm BH to G. Tam re Wm Rosehill potential wrongful discharge claim [245-247]
First D&O that we had, Legal not following guidelines again
They were trying to keep BH and Mullen out of the loop in dealing w/ the attys
C. Wong (Legal) canceled mtg w/ J. Kawashima b/c reason was political - KSBE contact is D. Ing might be new boss
Key in here, reason wrote, is that GT out of town but there are still disagreements/misunderstandings w/ Legal re handling of claims
04/25/96 Ltr fm J. Kawashima to C. Wong (KSBE Legal) cc Joe McCullough (United Educators [248-251]
Ex. 28 252
08/13/93 Ltr fm J. McCullough to L. Anzai re claimant Kona Enterprises [253-254]
Big claim, Wayne Rogers, hit front pages
Trustees made indiv investments and became shareholders in Kona Enterpreises. Points out that policy doens’t cover trustee gaining any profit to which not entitled"
Also, not re violations of SEC act of 34.
Won’t be able to make any payments or reimb that don’t get approved first
03/21/96 Fax fm J. McCullough to BH re KSBE [255]
This is denying pymt of all of the CSFW bills b/c did not follow guidelines
Ex. 29 256
08/11/93 Ltr fm Olga Harvison (MM) to NA cc BH [257]
"Have recvd e&o claim re McKensie Methane Corp and it is being transmitted to insurer"
DOL is 3/93, ltr being sent in August, several months b/4 loss reported
08/03/93 Attach A to D&O Policy, Supp. Claim Info, Sgd by LK for NA [258-259]
D’s: HAK Partnership; Smith Gordy Methane, Gordy Oil; L.H.Smith; R.D. Gordy; D.A. Barras; L.H. Henkel; M. Gilbert; RHSC; Maralex; M. Hare; Kukui Inc.; JGI Resoruces; Northwestern Mutual Life
Asking for 2.3 bil on this one
Impt b/c some are covered, some are not, so if ins co going to defend under their policy, ... they need to know who these people are, how many contributed to defense costs, how allocate b/w covered and uncovered so that KSBE doesn’t end up paying for everything
09/16/93 Ltr fm JM to NA re McKenzie Methane cc BH and P. Onogi [260]
Indicates that NA not coopertain w/ ins co re providing info re lawsuit
09/17/93 Ltr fm NA to JM re McKenzie Methane cc BH and P. Onogi [261-262]
Indicating that going to settle it, had settle agmt drafted
"Pls. hold this in strict confidence"
09/27/93 Ltr fm JM to NA re Mckenzie Methane cc BH [263]
JM saying United cannot authorize any settlement of claim
09/30/93 Ltr fm NA to JM cc BH, L. Kau, P. Onogi [264]
Indicates closing of settlement has been deferred for 5 days
10/07/93 Ltr fm NA to JM indicating settlement deferred to 10/15/93 [265]
10/25/93 Ltr fm NA to JM [266]
Indicating that agmts sgd by all parties, have up to 30 days to consummate settlement terms
11/15/93 Fax fm JM to NA [267]
Indicating that monitoring coverages under r/r b/c no info to determine extent of coverage
11/17/93 Ltr fm NA to JM cc BH PO LK [268]
Indicating not consummated settlement on McKenzie deal
01/31/94 Ltr fm NA to JM [269-270]
confirms that mckenzie has failed to comply w/ terms of settlement agmt so continuing w/ case w/ 5/94 trial
02/01/94 Fax fm JM to NA [271]
Requesting info on case
urge it be sent by overnight mail
02/16/94 Memo fm JM to NA [272]
Indicating no recvd requested info
So, they will wait to hear for addl info
If none w/ in reasonable period, will close file
BH handwritten note on page that as of 3/15/94, NA hadn’t responded (NA just wasn’t going to give any information to the insur co.)
Ex. 30 273
11/12/96 Memo fm LK to BH re pers 9 failure to follow directives on L. Ching prop damage claim [274-275]
Saying BH did not inform TPA Mullen of an ealrier directive fm her and nathan that KSBE had write to appt counsel
BH said that in the K w/ mullen, mullen has the choice of atty
"You should be able to implement oral instructions -- your req for written instructions was unreasonable"
11/20/96 Memo fm BH to LK cc NA and Sandie Wicklien [276-279]
Response to 11/12/96 pers 9 memo
They should not have been involved in t he first place -- arms length -- Mullen was supposed to have the call -- their call to hire expert
This was a P&C claim
But b/c of Trustee Wong’s wanting to get this settled, LK and NA got involved in directing and handling of claim
Not in accord w/ P&C’s operations manuals
Repeats all the arms length materials
Says he feels it would be a breach of his fiduciary duty to all
---------------------------------------------------------------------------------------------------------
10/29/96 Memo fm BH to LK [281-282]
Review of MM’s Ins Proposal/Stewardship report dated 10/1/96. MM’s renewal proposal should not have been combined with Stewardship Report.
Renewal proposal received too late to be included with staff report to Trustees.
MM’s Advisory Service Fee for P&C should have been separate proposal addressed to the president of P&C (arms-length issue).
Excess Liabilility premium options did not identify the markets being proposed.
Premium & loss summaries not clear.
Strategic Objectives not discussed with or approved by Risk Manager.
Report does not give credit to other third party service providers.
MM’s current role in prop ins program not explained.
10/01/96 MM’s Ins Renewal Proposal/Stewardship Report [283-344]
Table of Contents [285]
Executive Summary [287-289]
Premium Summary [290] - proposal addressed to KSBE, but quotes Chart w/ renewal quotations. P&C reinsurance premiums together with KSBE quotes. KSBE trustees/employees should not be asked to decide which company reinsures P&C.
Chart - % of prem by line. [291]
Chart - Cost of Risk Comparison [292]
Chart - Benchmarking/Cost of Risk [ 293]
Chart - P&C Advisory Service Fee 1996/97 [294] - Proposes $200,000 flat fee which BH previously had told MM was unacceptable. Misrepresentations/fraud (?): Chart shows services in breakdown of fees which are already included in KSBE commissions or other third-party fees, such as M&M Protection Consultants.
Key Conditions/Coverage 1996-1997 [295] - “No retention for non-indemnified losses on D&O liability policy.” “Consent to settle wording to be reviewed with underwriters for all policies.” This wording not requested by BH.
Gen Liab Ins Proposal - P&C policy [296-299] - Pertinent Extensions of Coverage: Automatic Cov for New/Acquired Organizations; Humiliation, Mental Anguish, Mental Injury, Shock and Inadvertent Discrimination are included as Covered Personal Inj Offense; Amended Pollution Exclusion; Employee Benefits Liability; Broad Form Named Insured to include all unidentified joint ventures, partnerships, etc.; Punitive Damage coverage included; Consent to settle - to be reviewed with reinsurer (this was not discussed w/ BH).
Specified Entities Exclusions: SOCAL HOLDINGS, INC.; AUTOFUEL COMPANY; PARADISE PETROLEUM, INC; RANRAY PROPERTIES, INC; ALLRED OIL CO, INC; KUKUI OPERATING CO, INC; McKENZIE METHANE CORP. (not excluded, although not paying premium: SINO FINANCE; UNISON.) Gen Liab prem quoted of $832,530 was based in part on BH’s expense budget for P&C of $50,000 for MM’s administrative services - yet MM proposes $200,000 flat fee for these services in previous section of this report.
Auto ins proposal (P&C) [300-302] - Extension includes “Consent to Settle - to be reviewed w/ reinsurer” - this was arranged btwn LK & MM - not BH. Consent to settle clause not appropriate for auto ins. - arms-length issue.
Workers Comp Ins Proposal [303-304] - “Consent to Settle - to be reviewed with insurer” - not appropriate or legal (?) for WC ins. - arms-length issue.
Non-Owned Aviation Liab proposal [305-306]
Umbrella/Excess Liab proposals [307-310] - “Any Insured Added to a Scheduled Underlying Policy is Automatically Included” - prems need to be allocated to these insured entities - arms length issue.
Executive Liab & Indemnification Coverage Ins Proposal [311-314] Deductible/SIR: $250,000 applies to Insured Organization, not to individual D&O. Insuring Agreement: Clause 1: Pay losses on behalf of and Insured Person resulting from any Wrongful Act except for and to the extent that the Insured Company has indemnified them; Clause 2: Reimburse losses paid by the Insured organization resulting from claims against Insured persons for any Wrongful Act but only when and to the extent that the Insured Company has indemnified them. Key Endorsements: Employment Practice Liability End.; Entity Coverage Exclusion for For Profit Entities; Predetermined Allocation End. 100%/100% (applied to For Profit Entities); “Pay on Behalf Of” for For Profit Entities (Not duty to Defend); Breach of Contract Excl (applied to For Profit Entities).
Fiduciary Liab Proposal [315-317]
Crime Cov Proposal [318-319]
Property Ins Proposal - P&C [320-322]
Strategic Objectives [323-324] - MM includes items such as “Consult on property insurance placement and issues”; “develop wrap up program for planned expansions/construction” which are self-serving. Under “Captive Management Services” does not show use of captive for Property insurance.
MM Service Team Chart [325-326] - shows estimated hours spent servicing. This combines and mixes services provided to KSBE, subsidiaries, P&C, for which MM was paid commissions/fees from all entities - arms length issue.
Summary of Client Adviory Services - 10/1/95-96 [327-330] - Combines & mixes services provided to KSBE, subsidiaries & P&C - arms length issue.
Umbrella/Excess Liab Prem Options [331] - MM recommends renewal with carriers which MM helped form (XL & ACE) although prems are as much as $60,000 higher than other markets. MM does not identify the other “Domestic Markets” providing the lower quotes.
P&C WC Loss Analysis Report [332-336] - analysis is misleading and inaccurate.
WC Loss Summary [337-344] - inaccurate & misleading information regarding WC claims.
______________________________________________________________________________
09/11/90 MM Broker Proposal - A Comparative Analysis of Risk Financing Alternatives [345-390]
_________________________________________________________________________________
P&C - VOL I [391-675]
11/08/96 Memo fm BH (P&C) to C. Lee (MM) re AmRE Inv No. 199500 & MM’s Risk Management Consulting Services Fee - Inv No. 199501 - [391]
BH unable to authorize payment of $50,000 to MM for Risk Mgt fee, because MM has not been contracted for services and fees not set. BH reminds CL that all correspondence, invoices, etc. relating to P&C should be addr to P&C, not KSBE (arms length issue).
11/08/96 [392] - Duplicate of 391.
10/01/96 Memo fm BH to P. Lowe (MMI) [393-394] - Rev in Captive Ops Manual
10/01/96 [395-396] - Duplicate of 393-394.
09/17/96 Memo fm BH to P. Lowe (MMI) [397] - re P&C renewal quotes/budget for 96-97 fy.
10/28/96 Ltr fm C. Lee (MM) to BH [398-399] - re invoices for Risk Mgt Consulting Fee & reinsurance prem.
10/28/96 [400-401] - Duplicate of 398-399.
09/05/96 FAX fm PL to BH [402-406]
- P&C premium projections
08/15/96 Memo fm PL to BH [407-408]
- outlines services for agreemnt b/t MM and P&C.
06/06/94 KS/BE MONTHLY TAX MATTER STATUS REPORT [409] -
-shows billing from Price Waterhouse to KSBE for opinion of proposal to establish captive for liability and property damage ins.
01/31/95 Ltr fm PL to BH [410-421]- xmittal of signed mgt agreement b/t MMI and P&C - shows fee to MMI is to be on a time and expense basis.
01/31/97 Ltr fm Elizabeth Kellner, Assoc. Lit. Counsel MM to BH [422-423] - - response to BH’s ltr of 01/05/97 proposing settlement.
THIS WAS WRITTEN TO BH AFTER TERMINATION--SHOULD NOT BE REQUIRED TO BE RETURNED.
06/07/94 Ltr fm PL to BH (P&C) - cc: KSBE Legal Dept [424-432]
- updated fee proposal. States fees & services to be performed by MMI for P&C.
09/06/96 FAX fm BH (P&C) to PL [433] re budget of P&C
re-xmiting BH ltr of 08/28/96 which PL says did not receive.
08/28/96 ltr fm BH (P&C) to PL [434-436] - re: prelim budget for P&C
showing service requirements for Risk Mgt & Safety Services.
08/25/94 BH Staff Report - Captive Ins. Co. Application
08/11/94 ltr fm Mark L. McConaghy (Price Waterhouse) to Myron Mitsuyasu (KSBE tax dept) [440-441]
IMPORTANT TAX OPINIONS - answers tax questions re deductibility of prem payments made by other for-profit subs; should captive financials be consolidated or stand alone; can losses of the captive be offset by income from other subs; what tax rate does it pay - income or some sort of prem tax rate?
01/31/95 ltr fm PL to BH (P&C) [442-453]
encloses copy of signed management agreement.
10/11/96 memo fm BH (P&C) to Henry Peters re: Clarification of Responsibilities [454]
Memoralizes 10/11/96 meeting with HP and NA. Thanks HP for clarifying that BH to report to NA for P&C matters.
??/??/?? News article “Hawaii becomes nation’s second-largest domicile” [455-456]
??/??/?? Practical Risk Manager Article - Captive Ins Cos. [457] and duplicate [458]
10/07/94 FAX fm Garrett Liu (MMI) to BH (P&C) cc: RS, Pat Onogi (MM) [459] Meeting on P&C Ins Co: re: 1) Prem invoices; 2) Estab of method for claim payments; 3) Election of D&O for P&C
Attendees: BH, P Lowe (MMI), Karen Venner (MMI), Garrett Liu (MMI)
Discussion:
“BH stressed that it is very important for P&C to maintain an arms length in all transactions with KSBE.”
Prem allocations to subsidiaries.
Claims handling by John Mullen.
KSBE must decide who will be officers & directors of P&C.
Investment committee must decide what to do with the 1.5 million dollars at Bank of Hawaii.
10/07/94 FAX Xmittal cover to above [460]
09/25/96 Chart - MM’s P&C Advisory Service Fee 1996/97 proposal [461]
??/??/?? Ins Mgt Agreement b/t M&M Ins Mgt Services, Inc & P&C Insurance Co, Inc., signed by BH (Pres. P&C) and P. Lowe (Sr. VP IMS Hawaii) [462-472]
10/11/96 FAX transmittal G Liu (MMI) to BH (P&C) - summary of meeting held 10/08/96. Attendees: BH, LK, RS, PL, GL [473-474]
Discussed BH’s request for MM’s fee proposal. BH asked for fee to be on time & expense basis. MM & LK defending flat fee arrangement. Last year’s flat fee was $200,000. BH set budget for renewal at $50,000 on time & expense basis.
08/09/94 Ltr fm Mark L. McConaghy (Price Waterhouse) to Myron Mitsuyasu (KSBE tax dept) [475-476]
discusses arms-length issues in order to preserve KSBE’s tax-exempt status. “Arms-length relationships between KSBE and the captive would be absolutely necessary to prevent private inurement, etc.”...“It is necessary that the corporate goverance...be independent.”... “It is important to keep the captive’s business activities separate from the tax-exempt activities of KSBE...” ... “An independent board of directors would also show that KSBE does not control the captive.”
10/01/94 Draft Guidelines - P&C Ins Co, Inc - Arm-length Relationships [477-478] - drafted by BH (P&C)
05/25/94 ltr fm PL (MMI) to BH [479-498]- MM’s Captive Mgt fee proposal
Details MM’s services & fees for P&C. No mention of MM’s flat fee of $200,000 which was later charged in addition to MMI’s and M&M PC’s time and expense fees.
??/??/?? Cover sheet - Captive Ins - Status Report [499]
05/25/94 [500-519] Duplicate of 479-498.
??/??/?? [520] Duplicate of 499.
05/31/94 BH Staff Report re: Captive Ins Co. - Update to Trustees [521-542]
03/18/91 Memo fm BH to NA - cc: Gil Ishikawa, Colleen Wong, Gil Tam - re: Captive Ins Co [543]
asks what info NA needs re Bill for Instructions; tax exempt status of the captive; filing for incorporation
03/23/94 Memo fm BH to Captive Ins Co. Task Force - re: Captive Ins Co Chronology [544-545]
10/31/96 Confidential Memo fm LK (KSBE) to BH - cc: NA, Personnel File - re: Pers 9 Report: Failure to Adhere to Directives [546-547]
Reprimand for sending ltr (P&C) to RS & PL without being previously reviewed and approved by NA or LK. (arms-length issue).
10/02/96 FAX fm BH (P&C) to PL (MMI) re: Meeting regarding MMI’s proposal for services requested by LK (KSBE) [548]
10/30/96 ltr fm LK (KSBE) to RS (MM), cc: NA, BH, PL - re: Fees for Services to P&C [549]
Recinds BH’s (P&C) ltr of 10/29/96 to RS (MM) and PL (MMI).
10/01/96 memo fm BH (P&C) to PL (MMI) cc: LK, RS re: 3rd Party Service Provider contract [550-552]
Discusses failure of MMI to provide acceptable proposal; importance of maintaining “arms-length”; states that MM’s flat fee proposal of $200,000 is unacceptable.
10/01/96 FAX xmittal - BH to PL - re Service Contracts [553]
10/01/96 FAX xmittal - BH to PL - re Service Contracts [554]
10/01/96 FAX Activity Report [555]
10/01/96 FAX Activity Report [556]
10/30/96 [557] Duplicate of 549.
11/06/96 Confidential memo fm LK to BH, cc: NA, Personnel File - re: Pers 9 - Failure to Exercise Professional Judgment and Initiative in Responding to Request for Inspections [558-560]
11/12/96 Memo fm LK to BH, cc: NA, P Chalfin (KSBE Personnel Dept), Personnel Jacket - re: Request for Employee Relations Review [561]
10/01/96 Memo fm BH (P&C) to PL (MMI), cc: LK, RS (MM) - re MM -3rd Party Service Provider Contract [562-564]
10/29/96 Ltr fm BH (P&C) to RS (MM) cc: NA, LK, PL (MMI) re: Fees for services to P&C [565-569]
This is ltr BH was reprimanded by LK for sending w/o review & approval by NA or LK
12/22/89 Memo fm RS (MM) to BH (KSBE) re: Captive Mgt Fee Structure [570-571]
Gives hourly rates for captive mgt contract & estimated hrs required for services.
10/17/96 Memo fm Marc J. Lapointe, Alexander & Alexander (A&A) to BH re: FYI (Captive Mgt Proposal) [572]
10/16/96 Memo fm Marc Lapointe (A&A) to BH re: Sample Captive Mgt Proposal [573-620]
10/30/96 ltr fm LK (KSBE) to RS (MM) cc: NA, BH, PL (MMI) - re: Fees for Services to P&C Ins Co, Inc. [621]
Rescinds BH (P&C) ltr of 10/29/96 to RS (arms-length issue)
08/28/96 ltr fm BH (P&C) to PL (MMI) re: Preliminary Budget for P&C {622-624]
Requests fee proposals from MM and M&MPC.
10/01/96 [625-631] Duplicate of 550-556.
10/01/96 [632-638] Duplicate of 550-556.
11/02/89 M&M Ins Mgt Services, Inc. Outline of Mgt Resources for a Hawaii Captive [639-675]
________________________________________________________________________________
SAFETY FOLDER [676]
06/20/96 Memo fm. Kim Kanaiaupuni (LK’s secretary) to NA, BH, RS (MM), cc: S. Garnett (KSBE) re: Safety Meeting [676]
LK called meeting to discuss safety services being provided to KSBE by M&M PC as independent contractor for P&C.
______________________________________________________________________________
PROPERTY FOLDER - VOL. I [677-839]
10/25/96 Memo fm BH to LK re: Transmitting fax dated 10/23/96 from Keith Yanagihara re Upcoming Inspections by Factory Mutual [677]
Advises LK that inspector will be inspecting KS properties on 10/28/96.
10/23/96 Fax fm Keith Yanagihara to BH re Upcoming Inspections by Factory Mutual [678-680]
08/21/96 Safety & Loss Control Survey Report for Technology Dept. by G. Pallotti, M&MPC [681-685]
10/25/96 Memo fm D. Dunigan, Risk Asst., KSBE, to Mo Ulla cc: LK, BH, Bob Stender, Jonathan Kim, RHSC - re Scheduling Boiler, Compressors & Heater Insp. [686-687]
09/12/96 Conf. Memo fm NA to BH, cc: Pat Chaflin, Employee Relations Generalist; LK re: Change in Assignments and Supervision [688-689]
In light of his concerns in BH’s handling of the Hobbs/Arkwright property insurance proposal, NA is relieving BH of any responsibility for the property ins placement eff 09/04/96. BH is to halt any further activity on this matter and direct all contact, correspondence and inquires (both external and internal) thru LK. All files& records regarding this program to be forwarded to Ms. Kam. NA temporarily charges LK with direct supervision and oversight of BH and the functions of his dept. Requires BH to meet daily with LK to review BH’s projects and assignments as well as schedule for the day. BH to provide LK all correspondence and memos received or sent, and prepare a weekly report of the status of his assignments. NA requesting that P. Chafin of Employee Relations review and evaluate the action taken in connection with obtaining the property ins proposal and the implementaion of NA’s directions concerning this program as well as that of the Board of Trustees. Chafin to make specific recommendations to NA based upon his findings.
04/18/96 FAX fm M. Korn, Hobbs Group to BH re Underwriting Info [690]
07/08/96 Xmittal ltr fm BH to NA re Hobbs Group Property Proposal encl 1) Ltr frm Arkwright Mutual dated 07/02/96; 2) ltr fm Judy Wood, C.Brewer & Co. dated 07/02/96 [691]
Ltr fm Mary Brieghner, Arkwright, "states their distribution policy that once a submission has been made by a broker and accepted by Arkwright, they will work exclusively with that broker.." Ltr frm Judy Boyle Wood, Dir. Risk Mgt & Empl Benefits of C. Brewer & Co. "gives her enthusiastic recommendation for the Hobbs Group."
08/29/96 Memo fm BH to NA & Shevon Garnett re Revised Request for Payment for Master Prop Program - Req. #4 - Amt: $1,035,205 [692]
Encloses revised invoice & binder from Four Star Ins; to replace binder & invoice issued by Hobbs.
09/06/96 Memo fm BH to LK re: Property Ins - Binders for New Location [693]
Documents conversation. Rather than sending endorsement requests to Four Star for binding Arkwright, LK had sent requests to M&M who could not bind coverage. BH was concerned that there could be uninsured losses. LK had stated she would take full responsibility in the event of any uninsured losses.
09/10/96 Memo fm BH to LK re: P&C Ins Co - Property Ins Renewal [694]
Discusses changes to renewal schedules.
04/11/96 Ltr fm BH to Whom it May Concern - draft of Broker of Authorization Letter for Hobbs Group [695]
Appoints Hobbs Group as KSBE’s property ins broker (non-exclusive) for purpose of obtaining ins proposals for property ins program; is exclusive for named markets.
06/25/96 Ltr. fm P. Lowe to BH - re: P&C Property Coverages [696]
Details Insurance Division’s (State of Hawaii)requirements for P&C to write KSBE’s property program.
06/25/96 [697] Duplicate of 696.
09/10/96 Memo fm BH to LK re Renewal Communications [698]
BH requests that standard procedures be established to efficiently process corres under new directive to route all renewal communications thru LK.
??/??/?? Memo fm BH to LK cc: NA re Additions to Prop Ins Policy [699-703]
Responds to LK’s memo of 9/18/96; gives reasons why it’s MM that was responsible for not getting licensed by Arkwright in order to be local agent. States: "As you were assigned full responsibility for the property ins program eff Sept 4, 1996, I must assume that you are continuing to follow-up on the appointment of M&M by Arkwright Mutual, and the signing of an agreement between M&M and Hobbs."
09/09/96 Memo fm LK to BH cc: NA re Notice of Changes to KSBE property ins program [704]
Responds to BH’s memo of 09/06/96 re changes. LK states she will be responsible.
09/09/96 [705] Duplicate of 704.
07/30/96 Ltr fm RS [MM] to NA, cc: BH, LK re Arkwright/Genesis Prop Proposal Analysis [706-710]
Recommends the Estate implements the Arkwright/Genesis proposal.
08/15/96 KSBE Staff Report Routing Sheet [711]
Gives Trustees’ action and instructions re BH’s staff report. Approves as recommended: (1) the acceptance of the prop ins proposal eff 08/15/96 (2) use of MM to act as resident gen agt and/or surplus lines broker, subject to their appt by ins carrier.
08/15/96 [712] Duplicate of 711.
07/25/96 Fax - Personal & Confidential - Tim McGrath (Hobbs) to BH, cc: John McGrath (Hobbs) re Proposal Comparison [713-717]
Compares Hobbs proposal w/ current KSBE program.
08/15/96 [718] Duplicate of 711 & 712.
08/15/96 Memo fm RS (MM) to BH re Broker of Record Property Placements cc: LK [719-720]
Directs BH to complete BOR naming MM as exclusive BOR for KSBE’s property ins program. States MM will bind coverage with Genesis and request Hobbs bind coverage with Arkwright. BH believes this is MISREPRESENTATION, UNFAIR COMPETITION and attempt to DEFRAUD.
08/20/96 FAX fm BH to TM (Hobbs) re: Prop Ins Binder [721]
08/20/96 FAX fm BH to RS (MM) cc: NA, LK re: Prop Ins Binder [722]
Hobbs states they are in compliance with HI c/s statutes; as discussed in 08/07/96 meeting, they have 2 agents in HI, Four Star & John Conners, who can countersign. MM should work with John McGrath to negotiate necessary c/s contracts.
08/19/96 FAX fm RS (MM) to BH, cc: NA, LK - re Property Ins Binder: Arkwright/Genesis [723]
Requests copy of binder(s) for MM’s review and files. BH: this would be proprietary info of Hobbs, and rightfully should not be disclosed to MM.
08/20/96 Request for Payment to Hobbs Group by BH to NA/SG - noting revisions to be reinvoiced by Four Star [724]
08/20/96 FAX ltr fm Tim Osburn (Hobbs) to BH, cc: TM, JM (Hobbs) - re All Risk Property Program Inv #08-011515 [725-726]
Notes payment must be received no later than 09/04/96 to Hobbs Group.
08/20/96 FAX memo fm TM (Hobbs) to BH re prem quotes do not incl state assessment and fees. [727]
08/19/96 FAX memo fm TO (Hobbs) to BH re Revised Confirmation of Coverage [728-729]
08/19/96 FAX fm BH to TM (Hobbs) re Cancellation of Current Prop Policies [730]
08/19/96 FAX fm BH to RS [MM] re Canc of Prop Ins Policies [731-732]
08/19/96 FAX fm BH to Michael Holmes, CFO, SOCAL, cc: NA, LK, TM (Hobbs), RS (MM) re Cancellation of Blanket Property Policies [733-734]
BH: Deals w/ arms-length issues.
08/17/96 FAX fm BH to TM (Hobbs) re Confirmation of Prop Cov [735-737]
08/15/96 FAX fm TM (Hobbs) to BH re Confirmation of Coverage [738-739]
08/26/96 FAX ltr fm RS (MM) to John McGrath (Hobbs), cc: BH, LK, NA- re property program. [740-741]
BH: This shows RS dealing direct with Hobbs; interpreting HI statutes; requests that Hobbs send binders and invoices to MM for billing (which is impossible since MM not licensed with Arkwright) and review.
09/03/96 FAX fm BH to Rob DeCleene (Four Star) re Prop Ins Binder [742]
Request to reissue Binder to show name of ins carrier and complete desc of named insured.
08/29/96 Memo fm BH to NA, SG re Revised Req for Payment for Master Prop Program [743-747]
Explains why orig request for payment to Hobbs is being revised to Four Star. Encl. revised Arkwright binder in accordance w/ NA’s request.
09/03/96 Ltr of Transmittal - Conf - fm BH to NA - transmitting Arkwright’s revised property binders & invoice (marked PAST DUE). [748-753]
08/11/94 FAX memo fm RS (MM) to BH re Contingent Prop Ins Enhanced Coverage Endorsement [754]
07/02/96 Ltr fm Judith Boyle Wood, Dir, Risk Mgt, C. Brewer & Co., tel 536-4461 ext 147 to whom it may concern [755]
"It is with great enthusiasm that we provide this letter of recommendation for consulting and brokerage services by the Hobbs Group." BH: This letter was deleted from his staff report to Trustees at the direction of NA and LK. Later he was reprimanded by NA/LK for failing to give them sufficient background information re Hobbs/Arkwright and used this as an excuse to have MM review Hobbs/Arkwright’s proposal. Note: "We gave Hobbs the opportunity to quote our major property renewal mid-1995 after being told by the incumbent national broker to expect a 50% rate increase. Not only did Hobbs deliver what they conceptually proposed, they further improved the coverage and reduced the cost 30%."
07/08/96 FAX fm TM (Hobbs) to BH - re: C.Brewers Recom Ltr [756]
09/11/95 MM’s Oct 1, 1995 Property Renewal Marketing Narrative [757-760]
Lists all markets MM approached for 10/01/95 renewal. Shows Arkwright, Genesis & CNA were not approached.
06/25/96 FAX memo fm RS (MM) to BH, cc: NA re Prop Ins [761-762]
Requests exclusive BOR and rescinding letter of authorization on KSBE letterhead. Purported to allow MM "to discuss with the insurers replacement of the existing program and obtain the proposal as advised by any other broker." This is a MISREPRESENTATION and ATTEMPT TO DEFRAUD. This was a deliberate attempt to "steal" Hobb’s proposal.
09/19/96 [763-767] Duplicate of ???-???.
08/09/96 FAX fm John McGrath (Hobbs) to RS (MM), cc LK, BH re KSBE Property Program [768]
Docs meeting of 08/07/96. states: "Upon the Trustee’s approval of our prop prog, we will execute a written contract between our two orgs."
08/28/96 FAX ltr fm RS (MM) to JM (Hobbs) [769-771] - Duplicate of ???-???
08/29/96 FAX transmittal ltr fm JM (Hobbs) to BH [773]
08/29/96 ltr fm JM (Hobbs) to RS (MM) cc: BH, LK, NA [773-786]
Discusses need for payment to be made to Four Star; MM’s review of Hobbs/MM Service Agreement; follow-through by MM to apply as Arkwright’s c/s agent; allocation of prem by KSBE properties (arms length issue).
09/06/96 Memo fm BH to LK re Prop Ins - Binders for new locations [787-792]
BH had drafted prop change requests to be faxed to Four Star for binding - LK sent them to MM instead of Four Star. BH expressed his concern that this may result in uninsured losses as MM is not agent and cannot bind coverages.
06/28/96 FAX fm BH to RS (MM) cc: NA - re Broker Authorization [793-794]
Gives MM unrestricted access and authorization to obtain property quotes from any carrier. BH: this was at NA’s instructions to give MM opportunity to compete with Hobb’s proposal.
09/19/96 Memo fm BH to LK, cc: NA re Additions to Property Insurance policy [795-798]
Explains why KSBE must work with Hobbs & Four Star instead of w/ MM in binding coverages & paying premiums.
08/08/96 FAX fm Hobbs to ?? - Property Program comparison [799-801]
09/09/96 Memo fm LK to BH cc: NA re Notice of Changes to KSBE Prop Ins Prog [802]
States LK has responsibility for property changes.
08/15/96 [803] Duplicate of ???
??/??/?? Consulting Agreement (Unsigned Draft) between Hobbs & MM [804-805]
This is one of the agreements MM needed to sign in order for them to countersign the Hobbs/Arkwright policies. BH: note paragraph 9 - Agreement not to Compete. MM is attempting to retain this business - they are not going to agree not to compete.
08/28/96 Ltr fm BH to Chris Lee (MM) cc: NA re Property Ins Policies - Lost Policy Releases [806-823]
Cancellation requests for all of MM’s property policies that are being replaced by Hobbs/Arkwright, eff 08/15/96.
08/27/96 FAX fm Chris Lee (MM) to BH re Lost Pol Releases [824]
"Sorry for taking so long to forward Lost Pol Releases"
09/11/95 [825-827] - Duplicate of ???-???
06/28/96 [828] Duplicate of ???
07/01/96 [829] Duplicate of ???
07/02/96 [830] Duplicate of ???
06/25/96 [831] Duplicate of ???
07/02/96 [832] Duplicate of ???
07/08/96 [833-834] Duplicate of ???
07/16/96 FAX fm RS (MM) to TM (Hobbs), cc BH, LK re Addl Info Prop Proposal [835]
BH: RS is requesting proprietary info frm Hobbs - unfair competition. RS states KSBE is requesting addl time to review and make recommendations to Trustees -BH is not requesting add’l time, only NA and LK are requesting this.
07/30/96 [836-837] Duplicate of ???
08/15/96 [838-839] Duplicate of ???
______________________________________________________________________________
P&C - VOLUME II
11/20/96 ltr fm BH (P&C) to Cary Okawa, Coopers & Lybrand cc: Insurance Commissioner, State of HI re P&C Ins Co - Annual Financial Report [840-841]
Provides further info re issues discussed in meeting with Okawa and Dennis Tsuhako on 10/18/96: BH’s concerns with respect to “arms-length” issues between KSBE & P&C; blocking efforts to write property coverages in P&C; excessive fees being charged by MM; attempts by persons at KSBE to direct settlement & control of P&C’s claims.
Enclosures:
10/21/96 - ltr frm BH to Eric Martinson re Insurance Allocations - SoCal; Unison; Sino [842-843]
10/18/96 - ltr fm Ramona Hinck to BH re Reversal of Ins Charges [ 844]
??/??/?? - Journal Entries - SOCAL HOLDINGS [845]
??/??/?? - Journal Entries - UNISON PACIFIC INVESTMENT [846]
??/??/?? - Journal Entries - SINO FINANCE GROUP LTD [847]
11/07/96 - memo fm RS (MM) to LK, cc BH, CL - re Consent to Settle Clause (P&C) [848-849]
9/12/96 - Conf. Memo fm NA to BH, cc PC, LK re Change in Assignments & supervision [ 850-851]
10/09/96 - Conf Memo fm NA to BH re Pers 9 Rpt: Deficiencies in Handling of Placement and Binders for Prop Ins Prog [852-853]
11/08/96 - Memo fm BH to NA, cc LK, SW - Response to NK’s Pers 9 Report of 10/09/96 [854-867]
06/28/96 - ltr fm BH to whom it may concern - re Broker of Record Letter MM [868]
07/01/96 - ltr fm RS (MM) to BH cc: NA re Non Exclusive Authorization [869]
07/02/96 - ltr fm Mary Breighner, Arkwright to BH - re Market reserved for Hobbs [870]
07/25/96 - ltr fm PL (MMI) to BH re P&C Ins Co. Prop Coverage [871]
07/02/96 - ltr fm TM (Hobbs) to NA - transmitting property proposal [872]
07/08/96 - ltr fm LK to RC (MM) cc NA, BH - re Prop Ins Proposal evaluation [873-874]
07/16/96 - ltr fm RS (MM) to TM (Hobbs) cc BH, LK re Addl info prop proposal [875]
07/30/96 - ltr fm RS (MM) to NA - cc BH, LK re Arkwright/Genesis Prop Proposal Analysis [876-877]
08/15/96 - memo fm RS (MM) to BH, cc LK - re Broker of Record Property [878-879]
08/19/96 - memo fm RS to BH, cc NA, LK - re Prop Ins Binder Arkwright/Genesis
08/20/96 - FAX fm BH to RS (MM) re Property Ins Binder [881]
08/26/96 - FAX ltr fm RS (MM) to JM (Hobbs) cc: BH, LK, NA re Binders, etc. [882-883]
08/28/96 - FAX ltr fm RS (MM) to JM (Hobbs) cc: BH, LK, NA re Appt w/ Arkwright, etc. [884-886]
08/29/96 - ltr fm JM (Hobbs) to RS (MM) cc: BH, LK, NA re Appt w/ Arkwright, contract w/ Hobbs, etc. [887-892]
08/28/96 - FAX ltr fm BH (P&C) to PL (MMI) cc: Henry Peters, Wm Richardson, Gil Tam, Glenn Hara, NA re P&C Budget [893-898]
09/05/96 - Memo fm BH (P&C) to PL (MMI) re Ins Renewals/Budget [899]
09/05/96 - FAX fm PL (MMI) to BH, cc: RS (MM) re renewals/budget [900]
09/06/96 - FAX fm BH (P&C) to PL (MMI) re Prelim Budget for P&C [901}
09/11/96 - FAX memo fm BH (P&C) to PL (MMI) re Budget/Renewals [902]
09/17/96 - FAX memo fm BH (P&C) to PL (MMI) re Overdue Pending Items - P&C Renewals [903]
09/17/96 - FAX memo fm BH (P&C) to PL (MMI) re P&C Renewal Prems/Budget for 96-97 fy [904]
09/18/96 - FAX fm BH (P&C) to PL (MMI) re P&C Renewal Prems [905]
10/01/96 - Memo fm BH (P&C) to PL (MMI), cc: LK, RS re M&M Third Party Service Provider Contract [906-908]
10/29/96 - Letter fm BH (P&C) to RS (MM), cc; NA, LK, PL [909-913]
10/30/96 - ltr fm LK to RS (MM), cc NA, BH, PL re Fees for Services to P&C Ins. Co [914]
10/31/96 - Conf. Memo fm LK to BH (KSBE), cc NA, Personnel Jacket - re Pers 9 Report: Failure to adhere to directives [915-916]
11/20/96 - Memo fm BH to LK, cc: NA, SW - re Per 9 Report - failure to Adhere to Directives [917-920]
11/08/96 - Memo fm BH (P&C) to Chris Lee (MM), cc LK, GL, RS re Am Re /Risk Mgt Consulting Fees [921-923]
10/01/96 - Memo fm BH (P&C) to PL (MMI), cc LK, RS, PO, R. Kuroda re Revisions is Captive Ops Manual [924-925]
09/17/96 FAX fm BH (P&C) to PL (MMI) cc: LK re Ins Renewals/Budget [926]
08/15/96 Memo fm PL (MMI) to BH re P&C Ins Co [927-928]
09/17/96 Memo fm BH (P&C) to PL (MMI), cc: LK re Ins Renewals/Budget [929-933]
09/05/96 Memo fm BH (P&C) to PL (MMI) re Ins Ren/Budg [934]
09/17/96 FAX Activity Rpt [935]
11/01/96 Ltr fm PO (MM) to BH (P&C) re Claim - Schulz Homes Corp cc: Neal Seamon (Mullen), LK, NA, RS, PL
11/20/96 Ltr fm BH (P&C) to Cary Okawa, C&L re P&C Ins Co Annual Financial Report - [937-975] - Partial Duplicate of [840-925]
10/07/95 Ltr fm RS (MM) to BH re M&MPC Service Proposal [976-977]
12/22/89 Memo fm RS (MM) to BH re Captive Mgt Fee Structure [978-979]
01/31/95 Ltr fm PL (MMI) to BH re P&C Ins Co - Signed Mgt Agreement [980-991]
12/12/94 ltr fm Pat Onogi (MM) to LK & BH, cc: RS, PL re P&C Ins Co Claims Handling Responsibility & Instr. [992-998]
08/29/96 fax fm BH to PL (MMI) re P&C Ins - 96-97 fy Budget [999-1005]
12/22/89 fax fm RS (MM) to BH re Captive Mgt Fee Structure [1006-1007]
11/08/96 memo fm BH (P&C) to CL (MM) re (1) Am Re Cert (2) Risk Mgt Consulting Service Fee [1008-1009]
10/17/96 FAX fm Craig Watanabe (50th State Risk Mgt Serv) to BH re Captive Mgt Services [1010-1012]
??/??/?? Chart “Vendors Accounts” [1013]
11/08/96 memo fm BH to CL (MM) re (1) Am Re Cert (2) Risk Mgt Consulting Service Fee [1014-1018]
10/10/96 memo fm BH to PL (MMI) cc: LK, RS re M&M Third Party Service Provider Contract [1019-1023]
09/24/96 fax fm Margaret Ng, Am-Re Managers, Inc. to BH re Fin Inst End [1024-1030]
09/18/96 fax fm BH (P&C) to PL (MMI) cc LK re P&C Renewal Premiums [1031-1032]
09/17/96 fax fm BH (P&C) to PL (MMI) cc: LK re Ins Renewals/Budget [1033-1037]
09/05/96 fax fm BH (P&C) to PL (MMI) re Ins Renewals/Budget [1038]
09/17/96 fax fm BH (P&C) to PL (MMI) re P&C Renewals [1039-1042]
09/11/96 fax fm BH (P&C) to PL/GL (MMI) re Budget/Renewals [1043]
09/11/96 conf. ltr of transmittal fm BH to LK re P&C Ins Co. Property Ins Renewal [1044-1045]
09/17/96 Memo fm BH (P&C) to PL (MMI) re P&C Renewal/Budget [1046]
09/09/96 Fax fm GL (MMI) to BH re Budget for fy 06/30/97 [1047-1049]
09/06/96 fax fm BH (P&C) to PL (MMI) re Preliminary Budget for P&C [1050-1053]
09/05/96 fax fm PL (MMI) to BH re Prem Projections for 1996/97 [1054-1058]
09/05/96 fax fm BH to PL re Ins Renewals/Budget [1059-1060]
08/28/96 fax fm GL (MMI) to BH re Register Rept by Payee for past 2 fiscal years [1061-1067]
08/15/96 memo fm PL (MMI) to BH re P&C Ins Co [1068-1069]
08/12/96 P&C Ins Co, Inc. - Budgeted P&L Statement - Unaudited - For period from 07/01/96 to 06/30/97 [1070-1075]
11/07/96 Memo fm RS to LK cc: BH, CL re Consent to Settle (P&C) [1076-1077]
08/15/94 Staff Rpt - Captive Ins Co App - Prepared by BH - Approved by NA, G. Ishikawa (Tax Dept), Wally Chin (Controller), Dennis Fern (Internal Auditor) re proposal for formation of a Captive Ins Co. [1078-1079]
10/11/96 Memo fm BH (P&C) to HP (P&C Chairman of the Board) - re Clarification of Responsibilities [1080]
10/11/96 fax fm GL (MMI) re summary of meeting held 10/08/96 [1081-1082]
07/25/96 fax fm GL (MMI) to BH re Disbursements for fy ended 06/30/95 by payee [1083-1086]
02/06/96 ltr fm Greg Pallotti, M&MPC to BH (KSBE), cc: RS (MM) re 1996 P&C Safety Services Plan [1087-1088]
11/06/96 fax fm BH (P&C) to CL (MM), cc: LK re P&C Ins Co - 1996-97 Premium Allocations [1089]
07/25/96 ltr fm Marc Lapointe, A&A re Captive Mgt Services [1090]
08/29/96 fax fm BH (P&C) to PL (MMI) re P&C Ins 96-97 Budget [1091-1096]
09/05/96 memo fm BH (P&C) to PL (MMI) re Ins Renewals/Budget [1097]
09/05/96 fax fm PL to BH, cc RS re Prem Projections/Budget [1098]
09/06/96 fax fm BH (P&C) to PL (MMI) re Prelim Budg for P&C [1099]
09/11/96 fax fm BH (P&C) to PL re Budget/Renewals [1100]
09/17/96 fax fm BH (P&C) to PL re Overdue Pending Items - P&C Renewals [1101]
09/17/96 fax fm BH (P&C) to PL re P&C Renewal Prems/Budget [1102]
09/18/96 fax fm BH (P&C) to PL re P&C Renewal Prems [1103]
10/01/96 fax fm BH (P&C) to PL re M&C Inc - Third Party Service Provider Contract [1104-1106]
10/29/96 ltr fm BH (P&C) to RS (MM), cc NA, LK, PL re Fees for Services to P&C [1107-1111]
10/30/96 fax fm LK to RS (MM), cc NA, BAH, PL re Fees for Services to P&C [1112]
10/31/96 memo - conf - fm LK to BH, cc NA re Pers 9 Report: Failure to Adhere to Directives [1113-1114]
11/20/96 memo - fm BH to LK, cc: NA, SW - re: Pers 9 Report: Failure to Adhere to Directives [1115-1118]
06/24/96 fax fm GL (MMI) to BH - schedule of Reporting Deadlines (P&C) [1119-1121]
06/14/96 ltr fm GL (MMI) to Glenn Hara, Sec/Treas, Pauahi Holdings Corp, cc HP, Wm Richardson, Gil Tam, NA, re P&C Ins Co - May Financials BH: shows payments to MM & MMI & M&MPC & to State of HI for Examination Fees [1122-1132]
08/15/94 Staff Report prepared by BH, Approved by NA, GI, WC, DF re Captive Ins Co Application - [1133-1142]
08/16/94 Risk Management Presentation by M&M [1143-1150]
??/??/?? Ins Div - State of HI - Captive Ins Co App for Admission - P&C [1151-1212] IMPORTANT NOTES: Captive App shows fees to MMI of $200,000 as “Estimate only”. Mark McConaghy’s (Price Waterhouse) letters of 08/09/94 and 08/11/94 to Myron Mitsuyasu were attached to this Captive Application as EXHIBIT B!!! [1208-1212]
09/03/96 ltr of xmittal fm BH to NA conf - re Revised Property Ins Binder [1213-1217]
Revised binder per instr frm BH & NA
09/03/96 fax fm BH to RD (four star) re Prop Ins Binder [1218]
08/29/96 memo fm BH to NA, SG re Revised Req. for Payment for Master Prop Program Req #4 - Amt $1,035,205 [1219-1223]
08/28/96 memo fm BH to CL (MM) re Prop Ins Policies - Lost Pol Releases [1224-1241]
08/27/96 memo fm CL (MM) to BH re Prop Policies - Canc Request [1242]
08/26/96 ltr fm RS (MM) to JM (Hobbs), cc: BH, LK, NA re prop program, HI Ins Code - [1243-1247]
encls HI Ins Code Sect 431:9-219 to 231
08/20/96 fax fm BH to TM (Hobbs) re Prop Ins Binder [1248-1250]
08/20/96 Request for Payment to Hobbs Group - $1,035,205 with handwritten notations of BH that it was reissued as reinvoiced by Four Star [1251]
08/20/96 fax memo frm Tim Osburn (Hobbs) to BH, cc: TM, JM re All Risk Property Prog Invoice #08-011515 [1252-1253]
08/20/96 fax fm TM (Hobbs) to BH re Premiums do not incl state assessment and fees. [1254]
08/19/96 fax fm TO (Hobbs) to BH re Revised Confirmation of Cov [1255-1256]
08/19/96 fax fm BH to TM (Hobbs) re Canc of Current Prop Pol [1257]
08/19/96 fax fm BH to RS (MM) re Canc of Prop Ins Policies [1258-1259]
08/19/96 fax fm BH to Michael Holmes, CFO, SOCAL Holdings, FAX # (310)-273-3603, cc: NA, LK, TM, RS re Cancellation fo Blanket Prop Ins Pol [1260-1261]
BH: Arms-length issues - premium allocations.
08/17/96 fax fm BH to TM (Hobbs) re Confirmation of Prop Cov [1262-1264]
08/15/96 fax fm TM (Hobbs) to BH re Confirmation of Prop Cov [1265-1266]
08/15/96 fax memo fm RS (MM) to BH re Broker of Record (BOR) Property Placements [1267-1268]
08/15/96 KSBE Staff Report Routing Sheet - Approval of Prop Program [1269]
"ACCOUNTING" Folder
08/06/96 C&L tax topics advisory "Intermediate Sanctions have arrived [1270-1272]
11/20/96 Conversation Record of mtg w/ Carl Kobayashi (C&L) re Fredrick Field Claim [1273]
Met at CK’s request. Had ques re covered and uncovered clms. Requested copies of reservation of rts ltrs.
06/27/96 Memo fm Jeff Wong (gen ldgr acct, controller div) to BH [1274]
Requesting copies of J. Mullen’s reports
KSBE budget projections for fy 96-97 [1275-1287]
- spreadhseets/projections have different dates, mostly in 6/96 and 7/96
"ADA" folder
Waterpark Tower environmental remediation insurance [1288-1314]
- misc
- Staff Report dtd 2/12/96 [1291-1314]
10/08/96 Conversation record of mtg b/w Sam Hata and BH [1315]
- regarding ADA compliance
- Sam expressed concerns that weren’t in compliance w/ ADA
01/07/92 Ltr fm Rosemary Fazio (A&W) to NA re ADA [1316-1320]
- advisory on ADA compliance
03/03/92 Memo fm Alan Young (KSBE engrg) to Sam Hata re ADA compliance [1321]
10/06/92 Transmittal fm BH to NA, C. Wong, G. Tam, S. Wicklein, T. Sereno, Richard Wong (RHSC) and Wally Tierrell (KIC) transmitting articles regarding risk management implications of ADA and the ADA and workers compensation [1322]
Article enclosed with 10/06/92above [1323-1337]
02/21/95 Appendix A (Briefing by Sam Hata on CIP/Major Repairs Projects) [1388]
- key here is ADA KS action plan presentation 2/14/95
05/15/95 Waterpark remediation bids [1339]
Miscellaneous articles on ADA [1340-1379]
10/08/96 Duplicate of conversation memo b/w BH and S. Hata [1380]
11/14/91 Ltr fm C. Wong to Allen Young (engrg dept) re ADA [1381-1383]
- Marked confidential/atty client privileged
??/??/?? ADA priorities #1-#4 [1384]
06/11/92 Estimate for KS for site surveys/ADA fm Wayne Protheroe, Pres. Accessibility Planning [1385]
06/11/92 Duplicate of 6/11/92 estimate above [1386]
03/18/93 Ltr fm Paul Louie & Assoc to Ed Tabangay re KS Admin Bldg ADA upgrade [1387-1388]
03/17/93 Ltr fm US Elevator to ET re admin ADA compliance [1389]
02/02/93 Ltr of trans fm BH to R. Wong (RHSC), Tirrell (KIC), A. Young, S. Wicklein, C. Wong and S. Hata [1390]
Transmitting articles re ADA
Articles transmitted [1391-1398]
12/11/90 Ltr fm Charles Ching (Perkin & Shimizu) to Stanley Hioki (KSBE Engrg dept head) re ADA compliance [1399-1400]
- enclosed copy of his 12/11/90 ltr to Colleen Wong (next)
12/11/90 Ltr fm Charles Ching to C. Wong re ADA compliance [1401-1408]
Public law (Arch. Barriers Act of 1968) [1409-1421]
-Was enclosed with C. Ching ltr to C. Wong
"ARMS LENGTH" folder
10/04/96 Legal group atty/mgrs meeting agenda w/ enclosures/attachments [1422-1427]
10/11/96 BH’s handwritten memo/notes re mtg b/w BH, H. Peters and N. Aipa regarding BH’s reporting to NA on P&C business matters [1428-1429]
12/12/92 Ltr fm RS to BH w/ enclosures of M&M in-house memo regarding "piercing the corporate veil" [1430-1433]
10/11/96 Memo fm BH to H. Peters cc NA, LK [1434]
- confirms that at mtg w/ NA that day, H. Peters told BH that he would be reporting to NA on all P&C matters
"Alternatives" section from materials that Price Waterhouse had given P&C / Harmon along w/ M. McConaghy to M. Mitsuyasu [1435-1444]
"This section recommends and discusses certain alternatives/policies which would improve the arms-lengtyh relationship b/w KSBE and its corporate affiliates..."
10/11/96 Duplicate of memo fm BH to H. Peters above [1445]
10/11/96 Duplicate of memo fm BH to H. Peters above [1446]
??/??/?? Newspaper editorial re "Bishop Estate - Mixed investments poor idea" [1447]
"CAPTIVE INFO" file
10/01/94 Chart re "KSBE Benefits as compared to KIC and RHSC" [1448-1450]
??/??/?? Duplicate of "Guidelines - P&C Ins Co. - Arms Length Relationships" [1451-1458]
Miscellaneous captive insurance information [1459-1485]
06/09/94 KSBE Staff Report re Captive Ins Status Report by BY to Trustees [1486-1490]
06/06/94 Fax trans fm BH to P. Lowe re captive fee proposal (w/ attachments) [1491-1505]
08/23/94 Insur. Div - Captive Ins company biographical affidavit of BH [1506-1508]
This was attached to the application form
Blank form of above: Insur. Div - Captive Ins company biographical affidavit of BH [1509-1511]
This was attached to the application form
"CLAIMS MANAGEMENT" folder
08/17/93 Memo fm BH to LK re Notice of Claim Draft cc R. Sansone [1512]
Talking about reporting procedures that should be followed, that LK is not following. And, re all members of the claims team supposed to have certain responsibilities
Flow chart attached to 08/17/93 memo fm BH to LK [1512]
08/12/95 Memo fm BH to LK re Educators Legal Liab Claim re ADA statutes (McConnell & Carrejo v KSBE, PHC, RHSC) [1514]
- coverage does not apply to PHC, RHSC,others
07/03/96 Ltr fm LK to RS re "risk/claim mgt review of complex commercial litigation" cc NA, BH [1515-1521]
11/12/96 Memo fm LK to BH re Pers 9 "Failure to Follow Directives" [1522-1523]
05/15/96 Minutes of mtg in Legal Conf. room b/w NA, BH, Shevon Garnett, Linda Jacobs, Stan Manuia, Rocco Sanson [1524-1527]
- Mpower system
- M&M Claims services
- Claims mgt tracking
- risk management task force
- Pending issues
- "contin discussions to determine if KSBE or P&C will maintain one or two separate systems"
- "Bobby to provide NA with a check list of everything that he is responsible for."
03/28/95 Ltr fm LK to J. McCullough re "procedures for review and approval of invoices pursuant to the Educator’s Legal Liability Policy" cc NA, BH [1528]
- re wasn’t following guidelines and so ins. co. wouldn’t pay
- LK would pay attys fees/costs first, and then send to ins co.
05/07/96 Trans ltr fm NA to BH, SG, Linda Jacobs re RM/Claim Mgt Review [1529]
04/04/96 Memo fm RS to S. Manuia cc McDonough, Lee and D. Regenold re Claim Manual/Guidelines [1530-1540]
Attaches insurer’s guidelines
Re claims mgt procedures
Summarizes mtg b/w LK, S. Manuia, P. Onogi and RS, which BH did not attend.
12/12/94 Ltr fm P. Onogi (MM) to LK & BH cc RS, PL re P&C claims handling responsibility [1541-1547]
Legal group vendor name and code listing [1548]
Misc articles fm newspapers/magazines [1549-1550]
12/12/94 Duplicate of 12/12/94 ltr fm P. Onogi to LK & BH [1551-1557]
05/23/89 Staff report by BH approved by Erleen Garvey and G. Tam re claims authorities for self-insured losses [1558-1561]
12/14/94 Memo fm LK to G. Jervis re list of approved counsel for insurance and w/c disputes, pursuant to GJ’s request that day [1562-1564]
12/12/94 Duplicate of 12/12/94 ltr fm P. Onogi to LK & BH [1565-1571]
12/14/94 Duplicate of memo fm LK to G. Jervis re list of approved counsel [1572-1574]
06/22/95 Staff report prepared by BH approved by NA re w/c and gen liab claims settlement authority for J. Mullen & Co. [1575-1577]
Ex. "A" to 06/22/95 staff report: John Mullen claims spreadsheet [1578-1584]
"CLAIM BASHAM" folder [1585-1761]
Attorney on other side was
Thomas Patton
Paul Murphy
Tighe Patton Tabackman & Babbin
Washington, D.C.
202-347-5065 (t)
202-393-0363 (f)
"CLAIM LARRY CHING" folder [1762]
"CLAIM FIELD" folder [1763-1874]
Attorney on other side
Bertram Fields
Richard Possell
Los Angeles
310-553-3610
"CLAIM BRIAN GAMBLE" folder [1875-1877]
"CLAIM KEAUHOU MHOA" folder [1878-1926]
"CLAIM KONA ENTERPRISES" folder [1927-1937]
"CLAIM MCCONNELL" folder [1938-2037]
"CLAIM MCKENZIE" folder [2038-2073]
"CLAIM LESLIE H." folder [2074-2075]
"CLAIM HITOMI MATSUNAGA" folder [2076-2077]
Re assault at RHSC on 12/18/94
"CLAIM WILLIAM ROSEHILL" folder [2078-2143]
"INSURANCE" folder [2144-2209]
"D&O LIABILITY" folder [2210-2218]
"ENVIRONMENTAL LIAB" folder [ 2219-2222]
"SAFETY" folder [2223-2232]
"MARSH & McCLENNAN" folder [2233-2301]
"SUBSIDIARIES" folder [2302-2559]
Lot of stuff in here about Socal
"WATERPARK TOWER" folder [2560-2741]
"PERSONNEL RECORDS" folder [2741-3052]
Pers 9 citations and responses
01/05/97 Ltr fm BH to J. Sinnott, Chairman of the Board of M&M [3053-3072]
12/29/96 Ltr fm BH to KSBE Trustees [3073-31329]
10/18/96 Conversation record of mtg b/w BH, Dennis Tsuhako and Cary Okawa re failure of M&M to notify C&L of large WC loss reserve [3130]
Diskette ("Symphony") [3131]
- copers.wri
- m&mfee.wri
- m&msr.wri
- trustees.wri
- aoop.wri