Certain Underwriters at Lloyd's, London v. Illinois Central Railroad Co.

Case Date: 04/15/2002
Court: 2nd District Appellate
Docket No: 2-00-1396 Rel

No. 2--00--1396


IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT


 

CERTAIN UNDERWRITERS AT LLOYD'S, ) Appeal from the Circuit
LONDON; COMMERCIAL UNION ) Court of Lake County.
ASSURANCE COMPANY, PLC; and )
INTERNATIONAL INSURANCE COMPANY, )
Indiv. and as Successor in )
Interest to International )
Surplus Lines Insurance Company, )
)
          Plaintiffs-Appellees, )
)
v. ) No. 00--MR--130
)
ILLINOIS CENTRAL RAILROAD COMPANY,  )
Indiv. and as Successor in )
Interest to The Gulf, Mobile and )
Ohio Railroad Company, )
)
          Defendant-Appellant )
)
(Admiral Insurance Company; )
American Centennial Insurance )
Company; American Home Assurance )
Company; American Reinsurance )
Company; Audubon Indemnity Company; )
Casualty Insurance Company; )
Century Indemnity Company, as )
Successor to both Cigna Specialty )
Insurance Company, f/k/a )
California Union Insurance Company, )
and to CCI Insurance Company, )
Successor to Insurance Company of )
North America; Columbia Casualty )
Company; Continental Casualty )
Company; Employers Insurance of )
Wausau; Employers Mutual Casualty  )
Company; Federal Insurance Company; )
Fireman's Fund Insurance Company; )
First State Insurance Company; )
General Reinsurance Corporation; )
Granite State Insurance Company; )
Harbor Insurance Company; The )
Home Insurance Company; Insurance )
Company of the State of )
Pennsylvania; Interstate )
Reinsurance Corporation, a/k/a )
Interstate Indemnity )
Company; Landmark Insurance )
Company; Lexington Insurance )
Company; National Surety )
Corporation; National Union Fire )
Insurance Company of Pittsburgh,  )
Pennsylvania; Nationwide Mutual )
Insurance Company; Northeastern )
Fire Insurance Company of )
Pennsylvania; Old Republic )
Insurance Company; Reliance )
Fire and Accident Insurance )
Corporation, Ltd.; Royal Insurance )
Company; Stonewall Insurance )
Company; Transportation Mutual )
Insurance Company; Travelers )
Casualty and Surety Company of )
America, as Successor to Aetna )
Casualty and Surety Company; Union )
Atlantique D'Assurances, S.A.; ) Honorable
and Yosemite Insurance Company ) Barbara C. Gilleran Johnson,
) Judge, Presiding. 
          Defendants). )
 

JUSTICE McLAREN delivered the opinion of the court:

Defendant Illinois Central Railroad Company (Illinois Central)appeals the trial court's denial of its motion to transfer venuefrom the circuit court of Lake County to the circuit court of CookCounty pursuant to the doctrine of forum non conveniens. Wereverse and remand.

The action pending in Lake County involves insurance coveragefor environmental contamination in 35 railroad sites owned andoperated by defendant Illinois Central located in nine states,including Illinois. In an amended complaint filed in Lake County,Illinois, Certain Underwriters at Lloyds, London (Lloyds), joinedby 94 insurance companies, seek a declaratory judgment that thereis no coverage for environmental claims concerning 35 of IllinoisCentral's railroad sites and that there is no duty to defend orindemnify Illinois Central with respect to the environmentalclaims.

I. BACKGROUND

In 1850, Illinois Central was formed as a Delaware corporationfor north-south railroad operations with headquarters in Chicago,Illinois. The Gulf, Mobile & Ohio Railroad Company (GM&O), formedin the mid-1800s and headquartered in Mobile, Alabama, operatedrailroad transportation facilities in the southern United States. In 1972, GM&O merged with Illinois Central. The combined railroadoperated in 13 states, with a northern terminus in Chicago and asouthern terminus in Mobile, Alabama. No rails or operations ofIllinois Central premerger or postmerger with GM&O were located inLake County, which is north of the railroad's northern terminus inChicago.

From April 1, 1948, to June 1, 1985, Illinois Central and itspredecessors purchased insurance policies from each of thedefendant insurers for liability incurred as a result of itsoperations. The insurance policies were purchased by executives inChicago and Mobile, Alabama. Illinois Central's broker forpurchase of the policies was the Chicago office of Rollins BurdickHunter, thereafter acquired by AON corporation, headquartered inChicago. None of the policies were purchased or delivered in LakeCounty, Illinois.

Lloyds, London is an underwriter of insurance policies issuedthrough the London insurance market. Plaintiff Stonewall InsuranceCompany is an Ohio corporation with its principal place of businessin Ohio. The collective plaintiffs--Lloyds, London; StonewallInsurance Company; and 91 London market insurers--subscribed tocertain liability insurance policies issued to Illinois Centraland/or GM&O by defendants.

Illinois Central received notice of suits from governmentalagencies, including the Environmental Protection Agency, thatoperations at various facilities in numerous states resulted in therelease of hazardous environmental contaminants. On October 28,1999, Illinois Central filed suit in the circuit court of MobileCounty, Alabama, seeking a declaration of its right to coverage forthe environmental losses. Identified as defendants in the Alabamasuit were Lloyds, London, International Insurance Company, and 150additional insurance companies.

II. THE LAKE COUNTY INSURANCE COVERAGE LITIGATION

On February 15, 2000, plaintiffs Lloyds, London; CommercialUnion; and International Insurance Company filed a declaratoryjudgment action in the circuit court of Lake County againstIllinois Central and 33 insurance companies (see appendix A). Thecomplaint sought a declaration that there is no insurance coveragewith respect to the environmental claims arising in 35 sites in 9states, including Alabama, Arkansas, Illinois, Iowa, Louisiana,Mississippi, Missouri, Tennessee, and Virginia, and that plaintiffshave no duty to defend or indemnify Illinois Central with respectto the environmental claims arising in 35 sites in 9 states. Thesites of environmental claims in Illinois are located in CookCounty, Greene County, McLean County, Madison County, MorganCounty, and St. Clair County. None of the sites are located inLake County. The complaint alleges that venue is proper in LakeCounty because Illinois Central does business in Lake County andcertain defendant insurers have offices in Lake County or are doingbusiness in Lake County.

On April 18, 2000, plaintiffs amended the complaint to changethe status of Stonewall Insurance Company from defendant toplaintiff, to drop Commercial Union as a plaintiff, and to add 91additional insurance companies as plaintiffs (see appendix B). Again, the amended complaint identified Illinois Central and 32insurance companies as defendants and sought a declaration of noinsurance coverage with respect to the environmental claims arisingin 35 sites in 9 states. While this appeal was pending, IllinoisCentral moved to voluntarily dismiss plaintiff InternationalInsurance Company, individually and as successor-in-interest toInternational Surplus Lines Insurance Company, with prejudice. Themotion was granted, leaving Lloyds and the remaining insurancecompanies listed in appendix B as the plaintiffs.

Illinois Central moved to dismiss the Lake County declaratoryjudgment action pursuant to section 2--619(a)(3) of the Code ofCivil Procedure (the Code) (735 ILCS 5/2--619(a)(3) (West 2000)). The motion asserted that the Lake County action was duplicative ofthe action filed by Illinois Central in Alabama involving the sameparties, same cause of action, the same insurance policies, and thesame loss. In denying Illinois Central's motion to dismiss, thetrial court found that there were more contacts, track, policies,sites, parties, and overall economic interest in maintaining thecoverage action in Illinois. Illinois Central's motion forcertification of the trial court's ruling pursuant to Supreme CourtRule 308 (155 Ill. 2d R. 308) was denied. This opinion is notconcerned with the correctness of the court's denial of the section2--619(a)(3) motion. Nothing in this opinion should be deemed topreclude the filing of a new section 2--619(a)(3) motion based uponadditional facts regarding the status of litigation in the Alabamacourt.

On September 27, 2000, Illinois Central filed a motion totransfer venue of the declaratory judgment action from the circuitcourt of Lake County to the circuit court of Cook County pursuantto the doctrine of forum non conveniens. A hearing was held onNovember 2, 2000. The trial court denied Illinois Central's motionto transfer, finding that either Cook or Lake County would be anappropriate forum and stating that Cook County had a stronginterest in the litigation but that it could not conclude that LakeCounty lacked interest in the litigation.

On December 4, 2000, Illinois Central filed a petition in thiscourt for leave to appeal the trial court's denial of its motion totransfer venue pursuant to Supreme Court Rule 306(a)(2) (166 Ill.2d R. 306(a)(2)). The petition was granted on February 8, 2001.

III. ANALYSIS

The sole issue is whether the trial court abused itsdiscretion in denying Illinois Central's motion to transfer venuepursuant to the doctrine of forum non conveniens. Illinois Centraltakes issue with plaintiffs' choice of forum in Lake County andasserts that this case represents "the most egregious example ofcourt-sanctioned forum shopping that could ever be envisioned," inthat the action was filed in an Illinois county in which IllinoisCentral never conducted operations, transacted business, orpurchased an insurance policy. In the view of Illinois Central, aconsortium of over 100 insurance companies successfully realignedthe parties to eliminate the possibility of filing a motion totransfer venue for filing in the wrong venue and filed this actionin Lake County for the self-serving purpose of moving theunderlying coverage dispute, originally filed in Alabama byIllinois Central, a jurisdiction perceived to be unfavorable toinsurance defenses, to a jurisdiction and venue perceived to befavorable to insurance defenses. Illinois Central claims that theresult of these "procedural machinations" is that it, as thepolicyholder, a railroad with headquarters located in Chicago for150 years, must litigate the "largest commercial litigation matterin its corporate history" in a county where it never owned oroperated a single foot of railroad track or employed a singleperson.

A. Venue

Section 2--101 of the Code of Civil Procedure provides thatvenue is proper (1) in the county of residence of any defendant whois joined in good faith and with probable cause for the purpose ofobtaining a judgment against him or her and not solely for thepurpose of fixing venue in that county, or (2) in the county inwhich the transaction or some part thereof occurred out of whichthe cause of action arose. 735 ILCS 5/2--101 (West 2000). Undersection 2--102 of the Code, any private corporation or railroadorganized under the laws of the State of Illinois, and any foreigncorporation authorized to transact business in this state, "is aresident of any county in which it has its registered office orother office or is doing business." 735 ILCS 5/2--102(a) (West2000).

There are multiple parties in this action. Regardless of howthe parties are aligned, they fall into two categories: (1)Illinois Central, the policyholder; and (2) the insurance companiesissuing or subscribing to insurance policies held by IllinoisCentral or its predecessor for losses arising from its operations. The interest of the insurance companies, whether identified asplaintiffs or defendants, is the same. Regardless of the partydesignation, each insurance company seeks a declaration that thereis no coverage for Illinois Central's environmental losses underthe various policies and no duty to defend or indemnify IllinoisCentral. Indeed, the amended complaint even references theplaintiff and defendant insurers collectively as "insurers."

Since the interest of every party to the amended complaint isadverse to Illinois Central, we question whether the 32 insurancecompanies named as defendants in the amended complaint wereactually joined in good faith for the purpose of obtaining ajudgment against them, or whether they were joined for the solepurpose of fixing venue in Lake County. Illinois Central iscorrect that, by designating the 32 insurance companies asdefendants, plaintiffs eliminated the possibility of a successfulmotion to transfer venue for filing in the wrong venue, as it isundisputed that some of these entities have offices in Lake Countyor are doing business in Lake County. By virtue of the affidavitof Richard Verkler, submitted in support of Illinois Central'smotion to transfer venue, it is undisputed that Illinois Centralhas its principal place of business in Chicago but no employees,offices, railroad track, or other operations are located in LakeCounty. Therefore, if Illinois Central were the sole defendant andthe collective insurance companies were identified as defendants,it appears as though a motion to transfer venue for filing in thewrong venue would be appropriate. The fact that the supportingrecord indicates that none of the insurers, even codefendants,joined in Illinois Central's motion to transfer supports IllinoisCentral's position that these parties were joined as defendants tofix venue and for forum-shopping purposes.

B. Doctrine of forum non conveniens

Nevertheless, Illinois Central brought a motion to transfervenue pursuant to the doctrine of forum non conveniens. Forum nonconveniens is an equitable doctrine "founded in considerations offundamental fairness and sensible and effective judicialadministration." Adkins v. Chicago, Rock Island & Pacific R.R.Co., 54 Ill. 2d 511, 514 (1973). It allows a trial court todecline jurisdiction and direct the suit to an alternate forum withjurisdiction when litigating in that forum "would better serve theends of justice." Vinson v. Allstate, 144 Ill. 2d 306, 310 (1991). A trial court is vested with broad discretion in balancing thevarious considerations relevant to a ruling on a forum nonconveniens motion, and its decision will be reversed when the trialcourt has abused its discretion. McClain v. Illinois Central GulfR.R. Co., 121 Ill. 2d 278 (1988).

When ruling on a forum non conveniens motion, the trial courtmust weigh a variety of private and public interest factors. Certain Underwriters at Lloyd's, London v. Bertrand GoldbergAssociates, Inc., 238 Ill. App. 3d 692 (1992). The privateinterest factors include (1) the convenience of the parties; (2)the relative ease of access to sources of testimonial, documentary,and real evidence; and (3) all other practical problems that makethe trial of a case easy, expeditious, and inexpensive--forexample, the availability of compulsory process to secureattendance of unwilling witnesses, the cost to obtain attendance ofwilling witnesses, and the ability to view the premises (ifappropriate). See Griffith v. Mitsubishi Aircraft International,Inc., 136 Ill. 2d 101, 105-06 (1990); Bland v. Norfolk & WesternRy. Co., 116 Ill. 2d 217, 224 (1987). The public interest factorsinclude (1) the interest in deciding localized controversieslocally; (2) the unfairness of imposing the expense of a trial andthe burden of jury duty on residents of a county with littleconnection to the litigation; and (3) the administrativedifficulties presented by adding further litigation to courtdockets in already congested fora. See Griffith, 136 Ill. 2d at106. Court congestion is a relatively insignificant factor,especially where the record does not show the other forum wouldresolve the case more quickly. See Brummett v. Wepfer Marine, Inc.,111 Ill. 2d 495, 503 (1986). A further consideration is the forum in which the plaintiffhas chosen to file the complaint. Although a plaintiff has aninterest in choosing the forum where his rights will be vindicated,this choice will be given substantially less deference when neitherthe plaintiff's residence nor the site of the accident or injury islocated in the chosen forum. Griffith, 136 Ill. 2d at 106. Thereasons are clear. When a plaintiff's home forum is chosen, it isreasonable to assume that the choice is convenient. However, whenthe plaintiff is foreign to the forum chosen and the action thatgives rise to the litigation did not occur in the chosen forum,this assumption is no longer reasonable. Instead, it is reasonableto conclude that the plaintiff engaged in forum shopping to suithis individual interests, a strategy contrary to the purposesbehind the venue rules. See Wieser v. Missouri Pacific R.R. Co.,98 Ill. 2d 359, 367 (1983); accord Bland v. Norfolk & Western Ry.Co., 116 Ill. 2d 217, 228 (1987); Brummett, 111 Ill. 2d at 500. In deciding a forum non conveniens motion, the trial courtmust evaluate the total circumstances of the case in determiningwhether the defendant has proved that the balance of factorsstrongly favors transfer. Peile v. Skelgas, Inc., 163 Ill. 2d 323,336-37 (1994); see Bland, 116 Ill. 2d at 227. The defendant mustshow that the plaintiff's chosen forum is inconvenient to thedefendant and another forum is more convenient to all parties. SeeHall v. CBI Industries, Inc., 264 Ill. App. 3d 299, 303 (1994),citing Kwasniewski v. Schaid, 153 Ill. 2d 550, 555 (1992).

Our supreme court reaffirmed the validity of the doctrine ofintrastate forum non conveniens in First National Bank v. Guerine,198 Ill. 2d 511 (2002), its first reported decision on the issue offorum non conveniens since Peile, 163 Ill. 2d 323. In Guerine,plaintiff died in an automobile accident in De Kalb County whendefendant's trailer carrying a speedboat broke away, crossed thecenter line, and collided head-on with plaintiff's vehicle. Defendant and one other witness resided in Cook County. Althoughall of the other trial witnesses were located outside Cook County,our supreme court held that the trial court abused its discretionin granting the motion to transfer venue. Recognizing that thedoctrine is unclear and that there has been no consistency in itsapplication, our supreme court attempted to clarify, stating that"a trial court abuses its discretion in granting an intrastateforum non conveniens motion to transfer venue where, as here, thepotential trial witnesses are scattered among several counties,including the plaintiff's chosen forum, and no single county enjoysa predominant connection to the litigation." Guerine, 198 Ill. 2dat 526.

It is undisputed that the underlying suit is substantial, inthat it involves multiple states, over 100 insurance companies, andseveral hundred million dollars in coverage. Due to the nature ofthe suit and its multiparty and multistate involvement, an analysisof the counties of residence of potential witnesses for the purposeof assessing convenience, as in personal injury cases such asGuerine, 198 Ill. 2d 511, Peile, 163 Ill. 2d 323, and Washingtonv. Illinois Power Co., 144 Ill. 2d 395 (1991), is notdeterminative. Our supreme court's decision in Guerine is relevantto our analysis not for its result but for the court's analysis ofthe principles underlying forum non conveniens motions and therelevant public and private interest factors.

It is undisputed that an immense amount of discovery willensue in this litigation, including hundreds of depositions ofinsurance brokers, underwriters, and company representatives thatreside in various counties in various states. Contrary to Guerine, plaintiffs have not provided an indication that anywitness that may be called to testify would deem it more convenientto litigate in Lake County. In fact, plaintiffs have conceded atoral argument that it is doubtful this case will even be tried. Incontrast, Illinois Central has submitted undisputed evidence thatits corporate headquarters are located in Cook County, that itnever had offices in Lake County, that various of its coveragewitnesses work in Cook County, that the insurance policies at issuewere not purchased or delivered in Lake County, that the insurancebroker for the policies at issue was headquartered in Cook County,and that the Chicago office of Lord, Bissell & Brook, thedesignated attorney in fact by Lloyds, London and several of theLondon market insurer plaintiffs, was involved as early as 1977 inacquiring notice of claims under the policy and assessing thelosses incurred.

We hesitate to state that these factors make litigating inCook County rather than in Lake County more expedient orconvenient, as we anticipate that the scheduling of depositions,propounding of written documents, and the scheduling of trialwitnesses, many of whom will be traveling from out of state, willbe onerous given the number of parties involved. Nevertheless, theundisputed facts do indicate that Cook County bears a moresignificant and legitimate connection to the underlying matter. Not only are various witnesses with relevant knowledge of theinsurance policies located in Cook County but also the policieswere procured in that forum. There is nothing in the supportingrecord submitted on appeal that would support a conclusion thatlitigating in Lake County would be more convenient to the multitudeof parties. Additionally, Cook County has a legitimate connection,not only because Illinois Central is headquartered there but alsobecause two of the sites of alleged environmental contaminationgiving rise to the policy dispute are located in Cook County. Incontrast, none of the sites are located in Lake County.

In addition to arguing that plaintiffs' choice of forum isentitled to deference, plaintiffs attempt to create a nexus to LakeCounty by arguing that Illinois Central's postevent merger with aCanadian railroad makes this litigation "paramount" to the citizensof Lake County. Since the dispute at hand involves theinterpretation of insurance policies procured far before theIllinois Central's merger with the Canadian railway, this factor isirrelevant. We are not persuaded that any evidence regardingCanadian National's haulage agreement with a Wisconsin railway forthe use of tracks in Lake County will even be introduced intoevidence at trial, much less that the citizens of Lake Countymaintain an interest in the coverage action by virtue of thehaulage agreement. Further, plaintiffs' choice of Lake County asthe forum for litigating this suit is entitled to less deference,since none of the plaintiffs are located in Lake County and theoccurrence did not take place there.

In Guerine, our supreme court stated that "[a] concernanimating our forum non conveniens jurisprudence is curtailingforum shopping by plaintiffs." Guerine, 198 Ill. 2d at 521. Thecourt went on to note that in intrastate forum non conveniensmatters both parties " 'are jockeying for position by seeking ajudge, jury, and forum that will enable them to achieve the bestpossible result for their clients' " (Guerine, 198 Ill. 2d at 521,quoting G. Maag, Forum Non Conveniens in Illinois: A HistoricalReview, Critical Analysis and Proposal for Change, 25 So. Ill. L.J.461, 510 (2001)) and that all other considerations underlying theforum non conveniens analysis are secondary. We find support forthis statement based on the factual circumstances of the litigationat issue, particularly since Lake County has no practicalconnection to the issues involved. An integral part of the forum non conveniens analysis is fairness to the litigants andconvenience to those that will be called to testify at trial. Realigning parties for the purpose of fixing venue in a countywhere there may be a more favorable outcome to plaintiffs does notreinforce or complement the principles of forum non conveniens. Instead, it perverts them. The evidence submitted in support of and in opposition to themotion reveals that no witness has been identified with ties toLake County, the insurance policies were not procured or deliveredin Lake County, the policy holder and insurers at issue are notheadquartered in Lake County, and there are no railroad sitesalleged to be covered under the policy located in Lake County. Therefore, we question plaintiffs' motivation for choosing thisforum. Plaintiffs' choice to litigate in Lake County does notappear to be based on the convenience of any party or witness, thesite of the occurrence, or a good-faith alignment of the parties. We have no doubt that litigating this matter will be costly andburdensome to all parties and that it will be protracted andlengthy, regardless of the county in which it is pending. Nevertheless, the evidence submitted in support of and inopposition to the motion indicates that the balance of private andpublic interest factors weighs heavily in favor of Illinois Centraland the transfer of this case.

The judgment of the circuit court of Lake county is reversed,and the cause is remanded to the trial court for furtherproceedings consistent with the opinion of this court.

Reversed and remanded.

BYRNE and KAPALA, JJ., concur.

APPENDIX A

Admiral Insurance Company; American Centennial Insurance Company;American Home Assurance Company; American Reinsurance Company;Audubon Indemnity Company; Casualty Insurance Company; CenturyIndemnity Company, as successor to both CIGNA Specialty InsuranceCompany, formerly known as California Union Insurance Company andto CCI Insurance Company, successor to Insurance Company of NorthAmerica; Columbia Casualty Company; Continental Casualty Company;Employers Insurance of Wausau; Employers Mutual Casualty Company;Federal Insurance Company; Fireman's Fund Insurance Company; FirstState Insurance Company; General Reinsurance Corporation; GraniteState Insurance Company; Harbor Insurance Company; The HomeInsurance Company; Insurance Company of the State of Pennsylvania;Interstate Reinsurance Corporation, also known as InterstateIndemnity Company; Landmark Insurance Company; Lexington InsuranceCompany; National Surety Corporation; National Union Fire InsuranceCompany of Pittsburgh, Pennsylvania; Nationwide Mutual InsuranceCompany; Northeastern Fire Insurance Company of Pennsylvania; OldRepublic Insurance Company; Reliance Fire & Accident InsuranceCorporation, Ltd.; Royal Insurance Company; Stonewall InsuranceCompany; Transportation Mutual Insurance Company; TravelersCasualty & Surety Company of America, as successor to AetnaCasualty and Surety Company; Union Atlantique d'Assurances, S.A.;and Yosemite Insurance Company.

APPENDIX B

Certain Underwriters at Lloyd's, London; Accident & CasualtyInsurance Company of Winterthur; Agrippna VerischerungsAktiengesellschaft; Alba Insurance Company; Allanz InternationalInsurance Company Limited; Allianz VersicherungsAktiengesellschaft; Amsterdam-London Verzekering Maatschappij NV;Ancon Insurance Company (UK) Limited; Anglo-French InsuranceCompany Limited; Anglo-Saxon Insurance Association Ltd.; ArgonautInsurance Company; Argonaut Northwest Insurance Company;Assicurazioni Generali Spa; Baltica-Skandinavia Insurance Company(UK) Limited; Bellefonte Insurance Company (U.S.); BishopsgateInsurance Company Limited; British Merchants Insurance Co. Ltd.;Chemical Insurance Company, Ltd.; CNA Reinsurance of LondonLimited; Compagnie Europeene d'Assurances Industrielles S.A.;Companhia De Seguros Imperio S.A.; Delta-Lloyd Non-Life InsuranceCompany Limited; Delta-Lloyd Schadeverzekering NV; Drake InsuranceCompany Limited; Eisen Und Stahl Ruckversicherung A.G.; EuropeanGeneral Reinsurance Co. of Zurich; Europeesche VerzekeringMaatschappij NV; Excess Insurance Company Limited; FidelidadeInsurance Company of London; FM Insurance Co. Ltd; FolksamInternational Insurance Company (UK) Limited; Gresham InsuranceSociety Limited; Guildhall Insurance Company Ltd.; Hansa MarineInsurance Company; Heddington Insurance Company (UK) Limited;Helvetia Accident Swiss Insurance Co.; Highlands Insurance CompanyLimited; Indemnity Marine Assurance Company Limited; Insco Limited;Instituto de Reasseguros Do Brasil; Interlloyd VerzekeringMaatschappij NV; Iron Trades Mutual Insurance Co. Ltd., A Mutuelledu Mans Assurances Iard; La Preservatrice Compagnie Anonymed'Assurances Contre Les Accidents L'Incendie Et Les Risques Divers;Le Assicurazioni d'Italia Societe; Lloyd Italico Assicurazioni Spa;London and Edinburgh General Insurance Company Limited; Maas LloydNV Schadeverzekeringsmaatschappij; (The) Mercantile & GeneralReinsurance Co. Ltd.; Minster Insurance Company Limited; NamurAssurances du Credit; National Casualty Company of America Limited;Nisshin Fire & Marine Insurance Company Ltd.; Pacific InsuranceCompany; Reaseguradora Nacional de Venezuela Compania Anonima;Reliance Fire & Accident Ins. Corp. Ltd.; Rheinland VersicherungsAG; River Thames Insurance Company Limited; Royal ScottishInsurance Co. Ltd.; Royal Belge Incendie Reassurance S.A.d'Assurances; Simcoe & Erie General Insurance Company; Sphere DrakeInsurance PLAC; Sphere Insurance Company Limited; St. KatherineInsurance Company PLC; St. Paul Reinsurance Company Limited;Storebrand Insurance Company (UK) Limited; Stronghold InsuranceCompany Limited; Swiss National Insurance Co. Ltd.; Swiss UnionInsurance Company; Switzerland General Insurance Co. Ltd.; IaishoMarine & Fire Insurance Company (Europe) Limited; Terra NovaInsurance Company Limited; The Baloise Fire Insurance CompanyLimited; The British Aviation Insurance Company Limited; TheDominion Insurance Company Limited; The Edinburgh AssuranceCompany; The Scottish Lion Insurance Company Limited; The SumitomoMarine and Fire Insurance Company, Limited; The Tokio Marine & FireInsurance Company (UK) Limited; Threadneedle Insurance CompanyLimited; Trent Insurance Co. Ltd.; Turegum Insurance CompanyLimited; Unionamerica Insurance Company Limited; Vanguard InsuranceCo. Ltd.; (The) Victory Insurance Co. Ltd.; Winterthur SwissInsurance Company; World Auxiliary Insurance Corporation Limited;World Marine & General Ins. Co. Ltd.; WurttembergischeVersicherrung AG; Yasuda Fire & Marine Insurance Company (UK)Limited; Yasuda Fire and Marine Insurance Company of Europe Ltd;Zion Insurance Company; Zurich Reinsurance Company (UK) Limited;International Insurance Company, Individually and as Successor-in-Interest to International Surplus Lines Insurance Company; andStonewall Insurance Company.