Re: FW: Michael Aussem v. Nepco etal

Thanks for the update. Andy will be handling this one.

Bonnie White/ENRON@enronXgate
03/19/2001 10:40 AM

To: Richard B Sanders/HOU/ECT@ECT, Andrew Edison/NA/Enron@Enron
cc:
Subject: FW: Michael Aussem v. Nepco etal

-----Original Message-----
From: White, Bonnie
Sent: Monday, March 19, 2001 10:38 AM
To: Cole, Rob
Cc: Robichaux, Lisa; Cheek, Charles; Vote, Robert
Subject: RE: Michael Aussem v. Nepco etal

Rob, Actually I sent out a demand letter, modelled on the demand letter you
sent in the Glen Rice case, last Wednesday. I thought that a copy had been
sent to you, and I apologize if it has not. (Lisa will be getting a copy to
you this morning.) I understood that you were on vacation and that Bob was
going to be out on vacation on Thursday and Friday. Because of the problem
with CT and the possibility that our answer date would be as soon as this
Thursday, 3/22, I didn't think it should wait until today. When the service
of process came in, I spoke with Andy Edison about it, he advised me of the
Glen Rice matter, I pulled the file which included a copies of the contract,
the certificate of insurance for Feb 2000-Feb 2001, and your demand letter.
I asked Lisa to get the 1999-2000 certificate of insurance, which we received
on Wednesday. We then sent out the demand. On Friday, I spoke with Chuck,
who had spoken with Jim Studdert, and I suggested that, with Jim's and your
concurrence, Bob handle the matter along with the Glen Rice matter, since I
fully expect that the defense/indemnity demand will be accepted and I suspect
the same outside counsel will be appointed. In the meantime, I called and
spoke with the plaintiff's counsel re the service problem with CT and that we
had only recently received notice of the suit. He agreed on an answer date
of May 1st, which I am hopeful will give enough time for the
defense/indemnity situation to be resolved. I have asked Lisa to draft a
Rule 11 agreement re the extended answer date which will be sent out today,
and I anticipate that you, Lisa, and Bob will handle the matter from here.

Please let me know if you have any questions re any of the above. Thanks.

-----Original Message-----
From: Cole, Rob
Sent: Monday, March 19, 2001 8:30 AM
To: Robichaux, Lisa
Cc: Cooper, Monique; Bolar-Softich, Anthony; White, Bonnie; Vote, Robert;
Studdert, James; Cole, Rob
Subject: RE: Michael Aussem v. Nepco etal

Will this matter be going to Bob, as suggested? Please advise. Thanks,

Rob

From: Lisa Robichaux/ENRON@enronXgate on 03/19/2001 08:24 AM
To: Rob Cole/HOU/ECT@ECT, Monique Cooper/ENRON@enronXgate
cc: Anthony Bolar-Softich/ENRON@enronXgate, Bonnie White/ENRON@enronXgate,
Robert Vote/ENRON@enronXgate, James P Studdert/HOU/ECT@ECT
Subject: RE: Michael Aussem v. Nepco etal

Rob, in your absence, Bonnie White made demand on Morrison on Friday. A copy
will be forthcoming to you. Monique provided a copy of the applicable COI.
Sorry you were not kept in the loop. Lisa

-----Original Message-----
From: Cole, Rob
Sent: Saturday, March 17, 2001 12:32 PM
To: Cooper, Monique
Cc: Bolar-Softich, Anthony; White, Bonnie; Vote, Robert; Cole, Rob; Studdert,
James; Robichaux, Lisa
Subject: Michael Aussem v. Nepco etal
Importance: High

Monique, please recall you previously provided me with a copy of the Nepco
contract with Morrison Construction for the Lincoln Center Peaker Power Plant
in Manhattan, Illinois relative to the Gene Rice litigation. It covered the
time period of 2/1/00 - 2/1/01. We know have a new lawsuit with a date of
loss of 12/21/99. Can you fax me ASAP a certificate of insurance covering
that loss date, presumably 2/1/99-2/1/00, assuming Zurich was Morrison's
carrier for the preceding time period as well. We would like to sent out the
attached demand letter ASAP, like we did in the Rice matter, so that
hopefully Morrison picks up our defense. Also, does anyone from Nepco have
any details concerning this incident? The Plaintiff claims to have slipped
on muddy trailer steps while exiting one of the job trailers.

Thanks,

Rob Cole, Manager-Claims
ENA - Global Risk Markets
1400 Smith Street, EB 2136F
Houston, Texas 77002
713-853-7739 (telephone)
713-646-2341 (facsimile)
<< File: Morrison.doc <<

---------------------- Forwarded by Rob Cole/HOU/ECT on 03/17/2001 12:26 PM
---------------------------

<< OLE Object: Picture (Device Independent Bitmap) << Enron North America
Corp. From: Rob Cole 03/16/2001 08:16 PM

To: Bonnie White/ENRON@enronXgate
cc: Lisa Robichaux/Enron@EnronXGate, Robert Vote/Enron@EnronXGate,
Rob.Cole@enron.com, James P Studdert/HOU/ECT@ECT, Eileen
Kisluk/Enron@EnronXGate
Subject: Michael Aussem v. Nepco etal

It is suggested that the above lawsuit be assigned to Bob Vote as its
practically identical to the Gene Rice matter that we are currently handling
together. Like we did in that case, this matter should be tendered
immediately to the plaintiff's employer, Morrison Construction, whose
carrier, Zurich, assumed our defense and acknowledged us an additional
insured.

It appears service occurred on 2/20/01, and that an Answer is due within 30
days or by 3/22/01. Please advise - thanks-

Rob