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Case 1:05-cv-00699-SLR-MPT

Document 67

Filed 07/10/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE E.I. du PONT de NEMOURS and COMPANY, Plaintiff, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-699 (KAJ)

PLAINTIFF'S INITIAL EXPERT DISCLOSURE Plaintiff, E. I. du Pont de Nemours and Company, hereby designates the person set forth in this disclosure as an expert witness whom Plaintiff may call to testify at trial. Since discovery and motion practice is ongoing, and additional information may be developed about which the experts will testify at trial, Plaintiff reserves the right to designate additional expert(s) and to modify or supplement the designation and testimony of its expert(s) at a later date. In addition, Plaintiff's expert(s) may testify as to matters addressed in the testimony of Defendant's experts or otherwise raised by Defendant or otherwise dictated by the rulings of the Court or the evidence at trial. 1. Robert Hughes Robert Hughes Associates, Inc. 508 Twilight Trail Suite 200 Richardson, TX 75080-5120

Mr. Hughes generally is expected to testify about the issues in dispute in this case. It is anticipated that his testimony will cover insurance programs with significant self- insurance features such as the Kemper Insurance Program at issue. He also is expected to provide testimony regarding the "dividends" related to the 2002-03 policy year and the consequences to

Case 1:05-cv-00699-SLR-MPT

Document 67

Filed 07/10/2006

Page 2 of 3

the insurance program if such "dividends" are not included in the cash reconciliation formula. A copy of Mr. Hughes' CV is attached as Exhibit A hereto. As the parties agreed, Mr. Hughes will provide a more complete expert report on August 15, 2006, or on a later date established by the Court, after the parties conduct additional fact discovery.

Respectfully submitted, Of Counsel: John M. Sylvester Christopher C. French Scott A. Bowan KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP Henry W. Oliver Building 535 Smithfield Street Pittsburgh, PA 15222 (412) 355-6500 POTTER ANDERSON & CORROON LLP

By:

/s/ John E. James John E. James (No. 996) [email protected] Richard L. Horwitz (No. 2246) [email protected] Hercules Plaza ­ Sixth Floor 1313 North Market Street Wilmington, DE 19801 Telephone: (302) 984-6000

Attorneys for Plaintiff, E. I. du Pont de Nemours and Company Dated: July 10, 2006 740399/20120-345

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Case 1:05-cv-00699-SLR-MPT

Document 67

Filed 07/10/2006

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CERTIFICATE OF SERVICE I, John E. James, hereby certify that, on July 10, 2006, the foregoing was filed electronically with the Clerk of Court using CM/ECF which will send notification of such filing to the following attorneys of record stating that document is available for viewing and downloading from CM/ECF:

David B. Stratton M. Duncan Grant PEPPER HAMILTON LLP Hercules Plaza, Suite 5100 1313 North Market Street Wilmington, DE 19801 Attorney for Defendant Lumbermens Mutual Casualty Company

/s/ John E. James John E. James (#996) Potter Anderson & Corroon LLP Hercules Plaza - 6th Floor 1313 North Market Street Wilmington, DE 19801 Telephone: (302) 984-6000 E-Mail: [email protected]