Free Memorandum in Opposition - District Court of Delaware - Delaware

Case 1 :05-cv-00022-MPT Document 20-5 Filed 03/31/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
YAN THOU, Individually and as : CIVIL ACTION
Administrator of the Estates of Oeurn :
Mam, Deceased and Navy Yan, Deceased : NO.: 05—832
et al., :
Plaintiffs :
VS. : J URY TRIAL DEMANDED
PACK & PROCESS, INC. :
AND :
ST, PAUL MERCURY INSURANCE :
COMPANY :
Defendants :
AFFIDAVIT OF JONATHAN M. COHEN, ESQ QUIRE
Jonathan M. Cohen, Esquire, hereby state as follows:
l. I am Jonathan M. Cohen, counsel for plaintiffs Thou, Yan, Son, Huynh, and
Ngyen in the above captioned matter.
2. At some point in the days after the verdict in the underlying tort case, I received a
call from counsel for Pack and Process, Mr. Young, who, by way of surrunary, asked me why we
proceeded to verdict against Maly Yan and whether he was missing something. Ireplied, by way
of summary, that plaintiffs intended to file an action here asserting that Maly Yan was working
for Pack and Process at the time of the accident and seeking a declaration that Pack and Process
and its insurance carrier (St. Paul) are responsible for payment of the verdict and indemnification.
Mr. Young mentioned to contact him about accepting sewice. Ifurther noted to Mr. Young thatl
had heard that the coverage limits were only $5 million, and believed that Pack and Process was
exposed, and the carrier should offer its limits. Mr. Young mentioned he would look into the
issue.
3. Mr. VanNaarden of my oftice prepared the Complaint and consulted with the
various counsel who represent the other plaintiffs in the underlying tort case who are also named
parties in this action.
4. Shortly before the Complaint was Hled in the instant action, St. Paul an tiled an
action for declaratory judgment, but did not name its insured or all injures plaintiffs as parties.
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Case 1:05-cv-00022-MPT Document 20-5 Filed O3/31/2005 Page 2 of 2
5. I never heard back from Mr. Young about a settlement offer.
6. Pursuant to 28 U.S.C. Sec. 1746(2), I declare under penalty of perjury that the
foregoing is correct.
KLINE & SPECTER,
A Professional Corporation
Sl Jonathan M. Cohen, Esquire JC 593
JONATHAN M. COHEN, ESQUIRE
KLINE & SPECTER
A Professional Corporation
1525 Locust Street, The Nineteenth Floor
Philadelphia, Pennsylvania 19102
(215) 772-1000
Executed on 3/29/05