SHORENSTEIN REALTY SERVICES, L.P. v. ACE AMERICAN INSURANCE COMPANY Complaint

Nicholas L.
Dazer, OSB 002403

kinetic law group IIp
121 S.W. Morrison Street, Suite 475
Portland, OR 97204
Telephone: (503) 953-1043
Facsimile: (503) 953-1039
Email: nick@kineticlaw.com
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
SHORENSTEIN REALTY SERVICES, CV'11-704
AC
L.P., a Delaware limited partnership, Civil Case No.
Plaintiff, COMPLAINT
v. Declaratory Judgment (28 U.S.C. 1332
and 28 U.S.C. 2201)
ACE AMERICAN INSURANCE
COMPANY, a Pennsylvania corporation, Demand for Jury Trial
Defendant.
PARTIES
1. Plaintiff Shorenstein Realty Services, L.P. ("Shorenstein") is a Delaware
limited partnership engaged in the business of office real estate ownership and operation.
Shorenstein's principal place of business is in San Francisco, California.
2. Defendant Ace American Insurance Company ("Ace") is a Pennsylvania
corporation engaged in the business of insurance. Ace's principal place of business is in
Philadelphia, Pennsylvania.
kinetic law group lip
Page 1 - COMPLAINT FOR DECLARATORY JUDGMENT 121 SW Morrison St., Ste. 475
Portland, Oregon 97204
Telephone: (503) 953-1040
Facsimile: (503) 953-1039
Case 3:11-cv-00704-AC Document 1 Filed 06/10/11 Page 1 of 6 Page ID#: 1
JURISDICTION AND VENUE
3. Plaintiff Shorenstein is presently defending claims made by Jessica N. Morrow
and Kimberly Ferrara in the matter of Jessica N Morrow and Kimberly Ferrara v.
Shorenstein Realty Services, L.P., Multnomah County Circuit Court Case No. 1004-06285
(the "Underlying Lawsuit"), and Shorenstein seeks a declaration that Shorenstein is an
additional insured under the Ace insurance policy issued to Shorenstein's landscape
contractor, Northwest Landscape Services of Oregon, a Division of the Brickman Group Ltd,
LLC ("Northwest Landscape"). The Underlying Lawsuit seeks damages in excess of
$2,900,000 and the amount in controversy in the instant matter exceeds $75,000.
4. This court has jurisdiction pursuant to 28 U.S.c. 1332 (Diversity of
Citizenship) and 28 U.S.c. 2201 (Declaratory Judgment).
5. Venue in the District of Oregon, Portland Division, is proper under 28 U.S.c.
1391 and Local Rule 3.4 because Ace is deemed to reside in this District and a substantial
part ofthe events or omissions giving rise to the claims allegedly occurred in this District.
6. An actual controversy exists among the parties regarding Shorenstein's status
as an additional insured under the Ace policy of insurance with respect to the Underlying
Lawsuit.
ALLEGATIONS IN UNDERLYING COMPLAINT
7. The Underlying Complaint in the lawsuit alleges that a diseased fir tree located
on Shorenstein's property near the intersection of Meadows Road and Kruse Way in or near
Lake Oswego, Oregon blew down in a moderate breeze on or about January 17, 2009,
striking a pickup truck in which the plaintiffs were passengers, thereby causing the plaintiffs
severe personal injuries. The Underlying Complaint is attached as Exhibit A.
8. The Underlying Complaint alleges that Shorenstein is liable in negligence for
failing to properly maintain the fir tree in the following particulars:
Page 2 - COMPLAINT FOR DECLARATORY JUDGMENT
121 SW Morrison St., Ste. 475
Telephone: (503) 953-1040
Facsimile: (503) 953-1039
(a) In failing to have or develop a reasonable plan for assessing the
safety of its forest land and trees when defendant knew, or in
the exercise of reasonable care should have known, of the risk
of harm to the public from hazardous trees on defendant's land.
(b) In failing to follow a reasonable plan for assessing the safety of
its forest land and trees when defendant knew, or in the
exercise of reasonable care should have known, of the risk of
harm to the public from hazardous trees on defendant's land.
(c) In failing to remove trees that posed an unreasonable risk of
harm to the public when defendant knew, or in the exercise of
reasonable care should have known, of the risk of harm to the
public from hazardous trees on defendant's land.
(d) In failing to treat the trees adjacent to public roadways for
[disease], including the tree that struck plaintiffs, when
defendant knew, or in the exercise of reasonable care should
have known, of the risk of harm to the public from hazardous
trees on defendant's land.
(e) In failing to warn the public, including plaintiffs, of hazard
posed by its forest land and trees, when defendant knew, or in
the exercise of reasonable care should have known, of the risk
of harm to the public from hazardous trees on defendant's land.
(f) In failing to prevent or treat the disease of Laminated Root Rot
when defendant knew, or in the exercise of reasonable care
should have known, that this particular Douglas Fir tree and
others near it were diseased and creating a hazard to passers
by, including plaintiffs.
9. The Underlying Complaint alleges that plaintiff Morrow sustained $307,439 in
economic damages and $1,500,000 in non-economic damages and that plaintiff Ferrara
sustained $107,000 in economic damages and $1,000,000 in non-economic damages as a
result of their personal injuries.
SHORENSTEIN'S CONTRACT WITH NORTHWEST LANDSCAPE
10. At all material times, Northwest Landscape contracted with Shorenstein to
provide exterior landscape services for properties managed by Shorenstein, including the
location from which the tree at issue in the lawsuit fell. These exterior landscape services
kinetic law group Up
Telephone: (503) 953-1040
Facsimile: (503) 953-1039
included, but were not limited to, maintaining and monitoring all trees over 12 feet in height,
including monitoring such trees for disease.
11. The contract further required Northwest Landscape to indemnify and hold
Shorenstein harmless from any claims arising out of Northwest Landscape's work and
required Northwest Landscape to carry commercial general liability insurance with limits of
not less than $1,000,000, and to name Shorenstein as an additional insured under such policy
or policies. The contract further provided that the liability coverage that Northwest
Landscape was to procure for Shorenstein would be "primary to any liability insurance
carried" by Shorenstein. Northwest Landscape provided to Shorenstein the Certificate of
Liability Insurance attached hereto as Exhibit B, describing that Shorenstein was named as
an additional insured under Northwest Landscape's policy issued by Ace.
THE ACE COMMERCIAL GENERAL LIABILITY POLICY
12. Ace issued insurance policy number XSL G23725356 to Northwest
Landscape effective July 1, 2008 to July 1, 2009 (the "Policy"). Relevant portions of the
Policy are attached hereto as Exhibit C. The Policy contains an Additional Insured
Endorsement that contains the following pertinent provisions:
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
***
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT
CAREFULLY.
This endorsement modifies insurance provided under the following:
EXCESS GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization:
Telephone: (503) 953-1040
facsimile: (503) 953-1039
Any person or organization that you have agreed to include as an
additional insured under CG 2010(11/85) or equivalent by contract or
agreement.
RE: All Operations
IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS
POLICY FOR THE BENEFIT OF THE ADDITONAL INSURED SHALL BE
PRIMARY INSURANCE, BUT ONLY AS RESPECTS LlABLITY ARISING
OUT OF YOUR ACTIVE NEGLIGENCE AND RESULTING FROM "YOUR
WORK" FOR THAT INSURED BY OR FOR YOU, AND ANY
INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE
EXCESS AND NON-CONTRIBUTING. THIS APPLIES ONLY IF
REQUESTED BY WRITTEN CONTRACT.
***
WHO IS AN INSURED (Section II) is amended to include as an Insured
the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured by or for
you.
DECLARATORY JUDGMENT - CLAIM ONE
(Recognition of Shorenstein as Additional Insured)
13. Shorenstein restates and realleges Paragraphs I through 12 herein.
14. Pursuant to the express provisions in the Ace policy, Ace owes a duty to
recognize Shorenstein as an additional insured with respect to the Underlying Lawsuit as a
"primary" liability insurer.
15. Shorenstein has repeatedly tendered the Underlying Lawsuit to Ace and
demanded that Shorenstein be recognized as an additional insured with respect to the
Underlying Lawsuit, but Ace has refused to do so.
DECLARATORY JUDGMENT - CLAIM TWO
(Duty to Indemnify)
16. Shorenstein restates and realleges Paragraphs I through 12 herein.
17. Pursuant to the express provisions in the Ace policy, Ace owes a duty to
indemnify Shorenstein in the Underlying Lawsuit as a "primary" liability insurer.
Telephone: (503) 953-1040
Facsimile: (503) 953-1039
18. Shorenstein has repeatedly demanded that Ace agree to indemnify Shorenstein
in the Underlying Lawsuit, but Ace has refused to do so.
ATTORNEY FEES - CLAIM THREE
(Attorney Fees- ORS 742.061)
19. Shorenstein restates and realleges Paragraphs 1 through 12 herein.
20. Shorenstein is entitled to an award of its attorney fees in this action, pursuant
to ORS 742.061.
PRAYER
WHEREFORE, Shorenstein prays for judgment as follows:
1. Under Claim One for a declaration that Ace is an additional insured under the
Ace Policy;
2. Under Claim Two for a declaration that Ace has a duty to indemnify
Shorenstein in connection with the lawsuit;
3. Under Claim Three, for an award of Shorenstein's attorney fees incurred
herein;
4. For Shorenstein's costs and disbursements incurred herein; and
5. For such other relief as the Court deems just and proper.
DATED this 10lh day of June 2011.
kinetic law group IIp
Telephone: (503) 953-1040
facsimile: (503) 953-1039
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ORIGINAL
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8 IN THE CIRCUIT COURT OF THE STATE OF OREGON
9 IN AND FOR THE COUNTY OF MULTNOMAH

JESSICA N. MORROW; and
1004-06285
11 KlMBERL Y FERRARA, Case No. ...:
12
Plaintiffs, COMPLAINT AND DEMAND FOR
JURy TRIAL (Personal Injury, Negligence)
13
VS.
Damages Claimed Over $10,000
14 SHORENSTEIN REALTY SERVICES,
L.P., a Delaware Limited Partnership, Claim Not Subject to Mandatory
Arbitration
Defendant.
16
Total Damages Claimed: $2,914,439.00
17
18 1.
19 This is a personal injury case against the owner of real property that failed to safely
maintain the condition oflrees adjacent to a roadway. As a result ofdefendanl's negligent
21 conduct, a tree fell on the truck in which plaintiffg were riding, causing severe and pennanent
22 personal injuries as sct forth more fully below.
23 2.
24 Plaintiffs are, and at all material times were, residents of Oregon.
III
26. II I
Page I - COMPLAINT AND DEMAND FOR JURY TRIAL (Negligence)
David Paul PC
520 SW 61h Ave Sle 920, Portland OR 97204
Ph 5032246602 I Fx 5032242764
www.davidpaullalY.com
EXHIBIT A - Page 1 of 7
Case 3:11-cv-00704-AC Document 1-1 Filed 06/10/11 Page 1 of 7 Page ID#: 7
1 3.
2 Defendant Shorenstcin Realty Services, L.P. is nduly authorized Delaware limited
3 palinership, authorized to do business, and doing substantial and sustained business, ill
4 Multnomah County. Defendant Shorenstein Realty Services, L. P. holds and maintains, buys,
I
5 sells, and leases real estate holdings throughout Oregon.
6 4.
7 On or about Jalluury 17,2009, plaintiffs were passengers in a pickup trllck as it passed by
8 the intersection of Meadows Road and Kruse Way in or near Lake Oswego, Oregon.
9 S.
10 At the same lime and place, a diseased Douglas Fir tree owned, maintained, and located
11 I 011 real estate owned by defendant Shorenstein blew down in moderate breeze and landed
12 I squarely on the top of the pickup truck, destroying the truck in which plaintiffs were riding and
13 pilming down its occupants, including plaintiffs. The truck was knocked off the roadway and
14 came to rest in the wooded area near the intersection in question. Plaintiffs were both trapped
15 inside the truck and both suffered severe and permanent physical and emotional injuries as
16 detailed below.
17 6.
18 The personal injuries in question, and plaintiffs' economic and non-economic damages,
19 were caused by the negligence of the defendant in one or more of the following particulars:
20 (a) In failing to have or develop a reasonable plan for assessing the safety of its forest
21 land and trees when defendant knew, or in the exercise of reasonable care should
22 have known, of the risk of harm to the public from hazardous trees on defendant ' s
23 land.
24 (b) In failing to follow a reasonable plan for assessing tht: safety of its forest land and
25 trees when defendant knew, or in the exercise of reasonable care should have known,
26 of the risk of harm to the public from hazardous trees OIl defendant's land.
Page 2 - COMPLAINT AND DEMAND FOR JURY TRIAL (Negligence)
David Paul PC
520 5W 61h Ave Sle 920, Portland OR 9720Q
Ph 503224. 6602 I Fx 50322Q 2 764
/
~ ' III ~ 1"1
www.davldp<lullaw.com
\ "0" ;)
" I,
1 (c) In failing to remove trees that posed an unreasonable risk of harm to the public when
2 defendant knew, or ill the exercise of reasonable care should ]u\ve known, of the risk
3 of harm to the public from hazardous trees on defendant's land.
4 Cd) In failing to trel\! the trees adjacenl to public roadways for [disease], including the
.5 tree that struck plaintiffs, when defendant knew, 01' in the exercise of reasonable care
6 should have known, of the risk of harm to the public from hazardous trees on
7 defendant's land.
8 (e) In failing to warn the public, including plaintiffs, of tile hazard posed by its forest
9 : land and trees, when defendant knew, or in the exercise of reasonable care should
10 have known, ofthe risk of harm to the public fioln hazardous trees on defendant's
11 land.
12 Cf) In failing lo prevent or treat the disease of Laminated Root Rot when defendant knew,
13 or in the exercise of reasonable care should have known, that this particulor Duuglas
14 Fir tree and others neal' it were diseased and creating a hazard to passers-by, including
15 plaintiffs.
16 CLAIM FOR RELIEF
17 Jessica Mol'l'oW
18 7.
19 As a result of defendant's negligence, plaintiff Jessica Morrow was nearly killed while in
20 the cab of the truck and properly wearing seatbelts. She rcql1ired resuscitation at the scene.
21 After emergency evacuation ioto the trauma center at Oregon Health Science University she was
22 diagnosed with multiple iI\iuries, including, a fractured spine that was reconstructed surgically at
23 four vertebral kvels, a collapsed lung, as well as cuts to her face, ear, abrasions, and bl'l1ising.
24 As a result of the scriotlsness of the accident, Ms. Morrow has suffered from the effects of
25 Post-Traumatic Stress Disorder. Ms. Morrow has incurred objectively verifiable economic loss
26 in the form of medical, ambulallce, X-ray, diagnostic, surgical, pharmacy, rehabilitative,
David Paul PC
520 SW 6th Ave S(e 920, Portland OR 97204
/
Ph 503-2246G02 I Fx
q'"
IYww .davidpaullaw.com J "
1 therapeutic, and counseling medical bills in the amount of $237,439.00 to date. Plaintiff Jcssica
2 Morrow's injuries are permfment, progressive, and disabling. The expenses for her futlll'e
3 medical care are continuing and ongoing, as is her medic,,1 care. Such expenses will be updated
4 At or nenr the time of trial.
5 8.
6 Ms. Morrow also suffered loss of her wages and benefits and a reduction or loss of
7 earning capacity. Al the time of this injury, Ms. Morrow was earning $23 .00 per hour in full
8 time work plus benefits and has further suffered fmtller economic losses in the forlll of lost
9 wages, lost benefits and lost earning capacity in the amount of $70,000.00 to date, and said
10 amount is continuing and ongoing. The economic damages set forth in this portion of the
11 Complaint will be updated and amended at the time oftrial to reflect information that develops
12 I after the date of filing.
13 9.
14 As a further restllt of defendnnt' s negligence, Ms. Morrow has and will continue
15 to suffer in the future, a significant array of non-economic damages such as pain, anxiety,
16 Post-Traumatic Stress Disorder, loss of enjoyment of life, hyper-vigilance while traveling,
17 depression, weight gain, loss of stamina, restricted mobility, and increased fatigue. Plaintifrs
18 nOll-economic damages are to be cOllsidel'ed by the jury and are alleged here at an amount not to
19 exceed $1,500,000.00.
20 CLAIM FOR RELIEF
21 Kimberly FerJ'1\1'1t
22 10.
23 As a result of defendant's negligence, plaintiff Kimberly Fel1'ara also slistained a
24 crushing injmj' while riding as a passenger in the cah of the truck and appropriately seal belted.
25 She too had to be extricated from the car. Ms. Ferrara's thoracic vertebrae WflS fraclll1'ed and this
26 hilS left her weak and significantly weakened by ongoing and pain. Ms. Ferrara
Page 4 - COMPLAINT AND DEMAND FOR ,JURY TRIAL (Negligence)
David Paul PC
520 SW 6th Ave Ste 920, Portland OR 97204
/
Ph 50:1-224 5502 I Fx 503-224-2764
www.davidpaullaw. com
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sustaincd a severe strain of the muscles and ligaments, bone and tendon of her right shoulder. As
a further result of defendant's negligence, plaintiff Fenara incurred a ambulance, emergency
medical, sllrgical, diagnostic, pharmacy, medical, medical hardware, and related bills, to her
economic damage in the amount of $87,000.00 to date. Such expenses are ongoing and will be
updated at 01' near the time of trial.
11.
Plaintiff Ferrara also suffered a loss of income and earning capacity that has resulted ill
economic damage in the amount of $20,000.00 to dnte, and such economic injmy is ongoing in
the future. Ms. Fen-ara's wage loss in the future will be determined before the time of trial.
These numbers will be updated prior to trial.
12.
As a further result ofdefendan!'s negligence, Ms. Ferrara has suffered, and will continue
to suffer in the future a significant array of non-economic damages. During the time plaintiff
Ferrara was being extricated and transpolicd to the hospital, and up to some point in the hospital,
she thought thc impact of the tree had killed Jessica Morrow. Ms. Ferrara has suffered, and will
continue to suffer, non-economic damages such as pain, anxiety, Post-Tmumatic Stress Disorder,
loss of enjoyment of life, hyper-vigilance while traveling, depression, weight gain, loss of
stamina and increased fatigue. Plaintifrs non-economic damages are to be considcred by the
jury and are alleged here at an amount not to exceed $1,000,000.00.
WHEREFORE, plaintiffs claim for relief against defendant as follows:
a. For Jessica Mo\1'ow, $307,439.00 in economic damages and
$1,500,000.00 in non-economic damages;
b. For Kimberly FeLl'ara, $107,000.00 in economic damages alld
$1,000,000.00 in non-economic damages;
COMPLAINT AND DEMAND FOR JURY TRIAL (Negligence)
David Paul PC
/
Ph 503-2246602 I Fx 5032242764
www .davidpaullaw.com
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1 c. Por plaintiffs' and disbursements incurred herein; and
2 d. For slich other relief as the court deems just.
3
4 DATED this 29th day of April] 2010.
Respectfully submitted,
6
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____
8
David Pall. 0 IN. 86260
DAVID PAUL, PC
9
520 S.W. Sixth Ave., Ste. 920
P0l1land] Oregon 97204
Phone: (503) 224-6602
Fax: (503) 224-2764
11
E-Mail: dp@davidpaullaw.com
Attorneys for Plaintiff.c;
12
13 Plaintiffs demand ajul'Y trial.
14 DATED this 29th day of April, 2010.
DAVID PAUL, PC
16
____
17
David Pau" o. 86260
DAVID PAUL, PC
18
520 S.W. Sixth Ave., Ste. 920
POitland, Oregon 97204
19
Phone: (503) 224-6602
Fax: (503) 224-2761)
E-Mail: dp@dovidpaullaw.com
Attorneys tor Plaintiffs and Trial Attorney
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David Paul PC
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Ph 5032246602 I F)( 503 2242761
WWIV.davldpaullaw.com

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1 CERTIFICATE OF SERVICE
2 I hereby certify that I served a true copy of the foregoing SHORENSTEIN
REALTY SERVICES, L.P.'S FIRST AMENDED THIRDPARTY COMPLAINT on the
3 following attorneys on the date noted below via the following method:
4
David Paul Frank Moscato
David Paul PC Aaron T. 8als
520 SW 6th Ave., Ste 920
Portland, OR 97204
Harrang Long Gary Rudnick PC
1001 SW 5
th
Avenue 16
th
FI
6
Portland, OR 97204
7
Of Attorneys for Plaintiffs
Of Attorneys for Brickman Group
8
Ltd, LLC
9
Method: ~ US Mail, postage prepaid
D Facsimile
11 D Hand Delivery
D Overnight Delivery
12
Dated this 22
nd
day of November, 2010.
13
14
EW ';;1j : av, aSsN';, 974423
Email: y@bodyfeltmount.com
16
Heathe . Bowman, OSS No.: 073257
Email : bowman@bodyfeltmount.com
17
Phone: (503) 243-1022
Fax: (503) 243-2019
18
Attorneys for DefendantfThird-Party Plaintiff
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Page 1 - CERTIFICATE OF SERVICE
BODYFEL T MOUNT LLP
Attorneys At Law
707 SW Washington Street, Suite 1100
Portland OR 972053528
h:lcllentOleslmorrow-(:ouslnI8188Ipld!l6Icomplalnt. 3rd party amended.doc Phone: 503243 1022 Fax: 5032432019
Porter & Curtis, LLC
"?5 State Road
:dia, PA 19063
(610) 891-9850
INSURED
NORTHWEST LANDSCAPE SERVICES OF
OREGON, A DIVISION OF BRICKMAN
THE BRICKMAN GROUP LTD. llC
GAITHERSBURG MD 20879
Certificate Number: I Branch:
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDONY DATE (MMIOONY
LIP\AITS
LIABILITY
PRODUCTS COMPIOP AGG
: 2.000,000
I GENERAL lIA8lUTY
PERSONAL & ADV INJURY
$ 1,000,000
A
EACH OCCURANCE
XSL G23725356 0710112008 0710112009 $ 1,000,000
Incf\.,ld(!d
X
FIRE DAMAGE (Any One Fire)
$ 500,000
MED EXP (Any One Po<soo)
$ 5.000
LIABILITY
C0M61NED SINGLE LIMIT
$ 1.000,000
ALL OWNED AlITOS
DODIL Y INJURY
$

ISA H07836995 0710112008 0710112009
DODll Y INJURY
$
(PerACtidon')
PROPERTY DAMAGE
$
B
71 C40002030BI 07JOii2008 0710112009
C43500338
A
0710112008 0710112009
0710112008 0710112009
A
OF OPERATlONS /LOGATIONS !VEHICLES ITEMS I
The limils include applicable retenlions. Project: Kruse Way Plaza I Kruse Oaks. LLC. Shorenslein Properties L Le, Shorenslein Company LLC. Shorenslein
Realty SelVices, L.P., Shorenslein Managemenllnc., and their respeclive Members. Partners, Executive Officers. Directors and Building Owners are included
as Addilionallnsureds and CQver<lge is primary and non-conlribulory. Severabilily of Inleresls inCluded. Waiver of Subrogation appr.es.
OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
JRENSTEIN REALTY SERVICES
DATE THEREOF, THE ISSUEING COMPANY WILL ENDEAVOR TO MAIL
:>J35 Meadows Road, Suite 275
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Lake Oswego, OR 97035 FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Exhibit B
ADDITrONM. INSURED - OWNERS, LESSEES OR CON'1.'RACTORS (FORM B)
litic}c/tlan Number
2
rnpo-:i,-=,C""'y . Date 01 Endoniement
XSL G23725356 01/0l!200a to 07/01/2009 07/01/2000
:TsiU<'ol By (Name _____-L.-.
ACr. Insurance
Thi;l,\ endOlellamet'1C in,llul:ance provid",Q undal' the f611o"ing:
EXCESS GENERAL COVERAGI!. FOIlM
SCHF:OI.lL&
of or Organization:
Any or organization have "9roe.;i to incl.udo as: an. ad<;l..i. ti{llIal il'1suX'",d
Cc; 2010 tlJ.{S5) 0'( QqlJivalent by O\)\1tl'UCt! or
R: All
IT IS A.GREED TMT SUCH II'fSlJRANC N1 HI AFFORPD B'i TIHS WLIC,/ FOR THE BENEFIT OF THE
ADDITIONAL ItlSUREO SHALL B& PRIHl\RY rHS(JRANct. 13UT ONLY AS Rl!;SPECTS LIABILH'Y ARIstNa
our or YOUR ACTI"'-ro AND RESULTING FROM "toUR WOR1{" FOR rHA'! INSURE]) B'l QR
FOR YOU, 1\tID Nn' INSUPANCf; I1AIN1'IIINED THE AOOI'IIONJ\l., INSURED SHALL. BE ?'XCl!:SS AND
I{ON-CONTRIBUTl}lG. 'tHIS Al'PLI.SS ONLY IF REQUIRtn BY CONTRACT .
(if no ent.ry app".QJ:s above, iniol:l1lat.ion x:quirad to col1platQ this endorseI'Ocot will be
shOHn in the Deolaration.s. all appliGablc1t "-0 this endor9amant.)
vlHO 1.$ AN INSURED (Section rr I i$ amended to iocl\lcm as ..n InaUl':ed th'" person or
organizatl.on Bhown in thQ SchQd\lle, but only with .rQ9peot to out. of
"your work" tOl' that inB\.!rQd boy Dr. for you,
--------------------------.--
Authorl1.C!o AOnt

GC1E1&Ptd. ln U.S."'"
, .. . .:,'..
:..
Exhibit C
---- ------------
RW,IDI0 ,JUH 7111 ]:4t:IJSDC-ORP
44 (Rev. 12/07)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk ofCouri for the purpose of initialing
Ihe civil dockel sheet. (SEE tNSTRUCTIONS ON THE REVERSE OF THE FORM)
I. (a) PLAINTlFFS DEFENDANTS
SHORENSTEIN SERVICES, L.P., a Delaware limited partnership ACE AMERICAN INSURANCE COMPANY, a Pennsylvania
corporation, a
(b) County of Residence of Firsl Lisled PlainlitT San Francisco County of Residence ofFirSI Lisled Defendant Philadelphia
(EXCEPT tN u.s. PLAINTIFF CASES) (IN u.S. PLAINTIFF CASES ONL Y)
NOTE: IN LAND CONDEMNATION CASES. USE THE LOC ATION OF THE
LAND INVOLVED.
(c) Attorney' s (Finn Name, Address, and Telephone Number)
Attorneys 1 - 7 0 4 : I " ;
AC
kinetic law group lip, 121 SW Morrison Street, Suite 475
Portland, OR 97204
II. BASIS OF JURISDICTION (Place an 'X" in One Box Only) III. CITIZENSHIP OF PRINCI PAL PARTIES(Place an "X" in One Box for PlaintilT
(For Div ersity Cases Only) and One Box for Defendant)
o t U.S. Government o 3 Federal Quest ion PTF DEF PTF DEF
PlaintilT (U.S. Government Not a Party) Citizen of This State 0 I o I Incorporated or Principal Place 0 4 0 4
of Business In This State
o 2 U.S. Government I!!I 4 Diversity Citizen of Another State o 2 0 2 Incorporated and Principal Place
Defendant
(Indicate Citizenship of Panies in Item III)
of Business In Another State
o 3 0 3 Foreign Nation o 6 0 6
IV N A TURE OF SU IT (Place an "X" in One Box Only)
CONrRACT T()RTS F() RFEITURElPENALTY BANKRVP'I CY OiliER S' rAl1 rES tI
t to Insurance PERSONAL INJURY PERSONAL INJURY o 610 Agricu Iture o 422 Appeal 28 USC t 58 0 400 State Reapportionment
o 120 Marine 0 3 lOA irplane 0 362 Personal Injury - o 620 Other Food & Drug o 423 Withdrawal 0 410 Antitrust
o 130 Miller Act 0 315 Airplane Product Med. Malpractice o 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury - of Properry 21 USC 88 1 0 450 Commerce
o 150 Recovery of Overpayment 0 320 Assault. Libel & Product Liability o 630 Liquor Laws PROPERTY RJGHTS ::J 460 Deponation
& Enforcement ofJudgment Slander 0 368 Asbestos Personal o 640 R.R. & Truck o 820 Copyrights 0 470 Racketeer InOuenced and
o 151 Medicare Act 0 330 Federal Employers' Injury Product o 650 Airline Regs. o 830 Patent Corrupt Organizations
o 152 Recovery of Defaulted Liability Liability o 660 Occupational o 840 Trademark 0 480 Consumer Credit
Studenl Loans 0 340 Marine PERSONAL PROP[RTY Safetyl Health 0 490 C ablel Sat TV
(ExcL Velerans) 0 345 Marine Product .:J 370 Other Fraud o 690 Other 0 810 Setective Service
o 153 Recovery of Overpayment Liability 0 37 I Tru.h in Lending .ABOR SOC IAL SE' :URJTY 0 850 SecuritiesiCommodi.iesl
ofVeteran's Benefits 0 350 MOlOr Vehicle .:J 380 Other Personal o 710 Fair Labor Standards o 86 1 HIA (I 395ft) Exchange
o 160 Stockholders' Suits 0 355 MOlOr Veh icle Property Damage Act o 862 Black Lung (923) 0 875 Cus.omer Challenge
o 190 Other Contract Product Liability 0 385 Properry Damage o 720 Labor/ MgJnI. Relat ions o 863 DIWClDIWW (405(g 12 USC 3410
13 195 Contract Product Liability 0 360 Other Personal Produc. Liability o 730 Labor/ Mgmt.Reponing o 8MSSIDTitleXVI 0 890 Other Statutory Ac. ions
o 196 Franchise In ury & Disclosure Act o 865 RSI (405(g 0 891 Agricultural Acts
REAL PROPERTY CIVIL RJGHTS PRJSONER PETITIONS 'J 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Economic Stabilizarion Act
0210 LandCondemnalion 0 441 Voting 0 5 10 Malions 10 Vacate o 790 Other Labor Lillgalion o 870 Ta.es ( U. S. PlaintilT 0 893 En vironmen.al Matlers
o no Foredosure 0 442 Employment Sentence o 79 I Empl . Ret. Inc. or Defendant) 0 894 Energy Allocation Act
CJ 230 Rent Lease & Ejectlnent 0 443 Housing! Habeas Corpus: Security Act o 871 IRS-Third Party 0 895 Freedom of Infonnation
:I 240 Tons to Land Accommodat ions 0 530 General 26 USC 7609 Act
CJ 245 Ton Product Liability 0 444 Welfare 0 535 Death Penalty IMJ\.IIGRATlON 0 900Appeal of Fee Detennination
o 290 All Other Real Property 0 445 Amer. w/Disabihlies- 0 540 Mandamus & Other o 462 Naturalization Application Under Equal Access
Employment 0 550 CiVil Righ.s o 463 Habeas Corpus- to Justice
0 446 A mer. w/ Disabilities- 0 555 Prison Condition Alien Detainee 0 950 Consritutionality of
Other o 465 Other Immigration S.ate Statutes
0 440 Other Civil Rights Actions
Appeal to Districi
Judge from
V_ ORIGIN (Place an .'X" in One So. Only)
I Original o 2 Removed from 0 3 Remanded from o 4 Reinstaled or 0 5 Transferred from 0 6 Multidistrict
o 7
Magistrate
Reopened another dtstnct Litigation
s eci Jud ment
Proceeding Slate Courl Appellate Courl
VI. CAUSE OF ACTION 1-----------------------------------
Brief description of cause:
declaration that plaintit1 is an additional Insured
VII. REQUESTED IN CJ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F. R.C.P. 23 Over $ 7 5 , 000 JURY DEMAND: lilf Yes 0 No
VII I . RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE D
06/10/2011
FOR OFFICE USE ONLY
RECEIPT # AMOU NT JUDGE MAG. JUDGE
--------- --------------'

SHORENSTEIN REALTY SERVICES, L.P. v. ACE AMERICAN INSURANCE COMPANY Complaint

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SHORENSTEIN REALTY SERVICES, L.P. v. ACE AMERICAN INSURANCE COMPANY Complaint

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Nicholas L.

Dazer, OSB 002403

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