Preview
FILED
DALLAS COUNTY
3/11/2019 2:37PM
FELICIA PITRE
DISTRICT CLERK
Darling Tellez
Cause No. DC-18-15865
CHUBB & SON, A DIVISION OF IN THE DISTRICT COURT
FEDERAL INSURANCE COMPANY
AS CONTRACTUAL UNDERWRITING
MANAGERS FOR FEDERAL INSURANCE
COMPANY AND GREAT NORTHERN
INSURANCE COMPANY 101“ JUDICLAL DISTRICT
WOOOOODWOOOOODWOOOWDWOOO
VS.
TRANSFORMANCE, INC. DALLAS COUNTY, TEXAS
PLAINTIFF'S SECOND AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Chubb & Son, A Division of Federal Insurance Company as Contractual
Underwriting Managers for Federal Insurance Company and Great Northern Insurance Company,
("Plaintiff') in the above-styled and numbered cause, and files this its Second Amended Petition,
complaining ofTransformance, Inc. ("Defendant"), and for causes ofaction would respectfully show
the Court as follows:
I.
Plaintiff intends to conduct discovery under Level 1 of the Texas Rules of Civil Procedure
and seeks monetary relief 0f $100,000.00 or less, including damages 0f any kind, penalties, costs,
expense, pre-judgment interest and attorney’s fees.
Defendant, Transformance, 1110., isa Texas corporation and it has been served and filed an
answer. Defendant Will be served With this amended petition in accordance with the Texas Rules 0f
Civil Procedure.
This Court has jurisdiction over the amount in controversy and has jurisdiction over the
Defendant.
PLAINTIFF'S SECOND AMENDED PETITION PAGE 1 OF 8
J&D File N0. 2899-001MCJ
Venue is proper in Dallas County, Texas as the county in which
it is all or a substantial parts
0f the events or omissions that give rise to the claims occurred.
II.CAUSES 0F ACTION
A11 conditions precedent necessary for Plaintiff to have and recover in this action have been
performed or have occurred.
A. SUIT 0N ACCOUNT
Plaintiffpleads a cause 0f action against the Defendant for suit 0n account pursuant t0 Rule
185 ofthe Texas Rules of Civil Procedure. The allegations contained in all ofthe paragraphs 0fthis
Petition are hereby re-alleged and incorporated herein by reference for allpurposes as if set forth in
full.
The verified claim attached hereto, marked "Exhibit A" and incorporated herein by
reference, isa liquidated money demand upon which a systematic record has been kept, as therein
Shown, and arises out 0f the business dealings between the Plaintiff and Defendant, and is also an
account for commercial insurance, which Plaintiff, at the special instance and at the request of the
Defendant, sold and delivered t0 the Defendant, on 0r about the several times specified. In
consideration whereof, the Defendant then and there promised and agreed t0 pay the Plaintiff the
several sums ofmoney charged therefor and upon the terms shown in said account. The commercial
insurance, at the time of the sale and delivery thereof, were reasonably worth the several sums of
money charged therefor. The prices charged for the commercial insurance were the agreed prices
and/or were the usual, customary and reasonable prices.
After the allowance of all just and lawful offsets, payments and credits to the Defendant, as
reflected in said account, the balance thereof is $12,778.98. It isnow past due and is owed by the
PLAINTIFF'S SECOND AMENDED PETITION PAGE 2 OF 8
J&D File N0. 2899-001MCJ
Defendant. The Defendant, though often requested, has failed t0 pay the same 0r any part thereof,
and the balance 0f the account remains unpaid.
B. BREACH 0F CONTRACT (POLICY 36046172)
Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff
pleads a cause of action against the Defendant for breach of contract. The allegations contained in
all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for
all purposes as if set forth in full.
A valid, enforceable contract exists between Plaintiff and Defendant. During the period of
January 22, 20 1 7 through June 3, 20 1 7, Plaintiffprovided insurance coverage t0 Defendant pursuant
t0 a valid policy 0f insurance (“Policy 36046172") as more particularly described in the policy. A
copy 0f Policy 36046172 is attached hereto as “Exhibit B” and incorporated herein by reference.
Plaintiff is the proper party t0 sue for breach of the contract. Plaintiff agreed t0 sell the insurance
coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage.
Plaintiff performed its contractual obligations by providing Defendant With the insurance
coverage Which was requested. Defendant has breached the contract by failing t0 pay for the
insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total
$3,735.00 plus interest, costs and attorneys fees as allowed by law.
C. BREACH 0F CONTRACT (POLICY 81223178)
Additionally, and/or in the alternative, Without waiving the foregoing paragraphs, Plaintiff
pleads a cause 0f action against the Defendant for breach 0f contract. The allegations contained in
all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for
all purposes as if set forth in full.
PLAINTIFF'S SECOND AMENDED PETITION PAGE 3 OF 8
J&D File N0. 2899-001MCJ
A valid, enforceable contract exists between Plaintiff and Defendant. During the period of
April 7, 2017 through June 3, 2017, Plaintiff provided insurance coverage t0 Defendant pursuant
t0 a valid policy of insurance (“Policy 81223 178") as more particularly described in the policy. A
copy of Policy 8 1223 178 is attached hereto as “Exhibit C” and incorporated herein by reference.
Plaintiff is the proper party t0 sue for breach 0f the contract. Plaintiff agreed t0 sell the insurance
coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage.
Plaintiff performed its contractual obligations by providing Defendant With the insurance
coverage which was requested. Defendant has breached the contract by failing to pay for the
insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total
$2,802.05 plus interest, costs and attorneys fees as allowed by law.
D. BREACH 0F CONTRACT (POLICY 68034121)
Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff
pleads a cause 0f action against the Defendant for breach 0f contract. The allegations contained in
all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for
all purposes as if set forth in full.
A valid, enforceable contract exists between Plaintiff and Defendant. During the period of
March 2, 2017 through June 3, 2017, Plaintiffprovided insurance coverage t0 Defendant pursuant
t0 a valid policy of insurance (“Policy 68034121") as more particularly described in the policy. A
copy 0f Policy 68034121 is attached hereto as “Exhibit D” and incorporated herein by reference.
Plaintiff is the proper party t0 sue for breach of the contract. Plaintiff agreed t0 sell the insurance
coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage.
Plaintiff performed its contractual obligations by providing Defendant with the insurance
coverage Which was requested. Defendant has breached the contract by failing t0 pay for the
PLAINTIFF'S SECOND AMENDED PETITION PAGE 4 OF 8
J&D File N0. 2899-001MCJ
insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff‘s damages total
$5,549.93 plus interest, costs and attorneys fees as allowed by law.
E. BREACH 0F CONTRACT (POLICY 73596559)
Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff
pleads a cause of action against the Defendant for breach of contract. The allegations contained in
all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for
all purposes as if set forth in full.
A valid, enforceable contract exists between Plaintiff and Defendant. During the period of
January 22, 2017 through May 27, 2017, Plaintiff provided insurance coverage t0 Defendant
pursuant to a valid policy of insurance (“Policy 73596559") as more particularly described in the
policy. A copy of Policy 73596559 is attached hereto as “Exhibit E” and incorporated herein by
reference. Plaintiff is the proper party t0 sue for breach 0f the contract. Plaintiff agreed t0 sell the
insurance coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage.
Plaintiff performed its contractual obligations by providing Defendant With the insurance
coverage Which was requested. Defendant has breached the contract by failing t0 pay for the
insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total
$191.00 plus interest, costs and attorneys fees as allowed by law.
F. BREACH 0F CONTRACT (POLICY 78184515)
Additionally, and/or in the alternative, Without waiving the foregoing paragraphs, Plaintiff
pleads a cause 0f action against the Defendant for breach 0f contract. The allegations contained in
all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for
all purposes as if set forth in full.
PLAINTIFF'S SECOND AMENDED PETITION PAGE 5 OF 8
J&D File N0. 2899-001MCJ
A valid, enforceable contract exists between Plaintiff and Defendant. During the period of
January 22, 2017 through June 30, 2017, Plaintiff provided insurance coverage t0 Defendant
pursuant t0 a valid policy of insurance (“Policy 78 1 845 1 5") as more particularly described in the
policy. A copy of Policy 781845 15 is attached hereto as “Exhibit F” and incorporated herein by
reference. Plaintiff is the proper party t0 sue for breach 0f the contract. Plaintiff agreed t0 sell the
insurance coverage to Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage.
Plaintiff performed its contractual obligations by providing Defendant With the insurance
coverage which was requested. Defendant has breached the contract by failing to pay for the
insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total
$501 .00 plus interest, costs and attorneys fees as allowed by law
G. QUANTUM MERUIT
Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff
pleads a cause 0f action against the Defendant for quantum meruit. The allegations contained in all
of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for all
purposes as if set forth in full.
Plaintiff states that it provided valuable commercial insurance t0 Defendant. The commercial
insurance was accepted, used and enjoyed by the Defendant. Plaintiff, through the actions, conduct
and communications With the Defendant was led t0 believe that it would be paid for the commercial
insurance. The commercial insurance provided were reasonably worth the sums Charged. Defendant
would be unjustly enriched, and Plaintiffpenalized, if Defendant were allowed to retain the benefits
0f such commercial insurance Without paying for it.
PLAINTIFF'S SECOND AMENDED PETITION PAGE 6 OF 8
J&D File N0. 2899-001MCJ
After all payments and credits have been applied, the Defendant has failed t0 pay the
remaining balance of $ 1 2,778.98. This failure to pay said sum has damaged the Plaintiff. Plaintiff” s
damages total $12,778.98 plus interest, costs and attorneys fees as allowed by law.
ATTORNEY’S FEES
Plaintiff has presented its claim t0 the Defendant, and demanded payment thereof, and
although more than thirty (30) days have passed since the demand was made, the account and
indebtedness have not been paid 0r satisfied. Plaintiff has employed the undersigned attorney to
bring this suit and has contracted to pay said attorney a reasonable fee for such service, for one trial
0r hearing ofthis cause in this or any other Court, and an additional reasonable amount for any other
trials, hearings and appeals in this 0r any other Court, and which Plaintiff is entitled t0 recover in
accordance With Section 38.00 1 ,
Civil Practice & Remedies Code ofthe State ofTexas, as amended.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Defendant be cited t0
appear and answer this Petition in accordance with the law, and that the Plaintiff have judgment of
and from the Defendant for its debt in the sum 0f $12,778.98, interest at the maximum legal rate
from thirty (3 0) days following the date the debt was due and owing up t0 the date ofjudgment, for
reasonable attorney's fees as herein above alleged, together with interest thereon at the maximum
rate equal t0 that allowed by statute from the date ofjudgment until paid, and for all costs of suit,
and for such other and further relief, both at law and in equity, t0 Which the Plaintiffmay show itself
justly entitled.
PLAINTIFF'S SECOND AMENDED PETITION PAGE 7 OF 8
J&D File N0. 2899-001MCJ
Respectfully submitted,
JAMESON AND DUNAGAN, P. C.
'Il
'3'}:-
ELM
.
f
By;
/' W:
MATTHEW’C. JAMESON
Texas Bar No. 24046148
5429 LBJ Freeway, Suite 700
Dallas, Texas 75240
(214) 369-6422 - phone
(214) 369-9175 - fax
Email: mcj@jdlawtx.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
1th
Ihereby certify that on this 1 day ofMarch, 20 1 9, a true and correct copy 0fthe foregoing
was sent Via efile to the following:
Via Efile.TXCOURTS.gov
Nathan M. Nichols
Orenstein Law Group, P.C.
1910 Pacific Avenue, Suite 8040
Dallas, TX 75201
1"
«I
f/L
r
MATTHEWC.
WW.-
.l?
JAMESON
PLAINTIFF'S SECOND AMENDED PETITION PAGE 8 OF 8
J&D File N0. 2899-001MCJ
J D :47.r.).01WCY, s
STATE OF New Jersey
COUNTY OF Somerset
BEFORE ME, the undersigned authority, on this day personally appeared k
k1 LW- IV( reTTe
(Name of person making affidavit) who, after being by me duly sworn, states on oath that he is:
IF AN INDIVIDUAL PROPRIETORSHIP, complete this section:
1. An individual doing business as
(Trade name, if used, otherwise owner)
IF A PARTNERSHIP, complete this section:
2. Agent of , consisting of himself
(Full name of partnership)
and
(Full name of other partners)
IF A CORPORATION, complete this section:
3, The Assistant Vice President of Chubb
(capacity) (Full name of corporation)
, a corporation duly incorporated and existing by virtue of the
laws of the State of , and that he has knowledge of the facts herein set forth
and is duly authorized to make this affidavit and is competent to testify to the matters herein contained; that the
annexed claim was made in the regular course of business of said (corporation, co-partnership), affiant, against
TRANSFORMANCE, INC. (hereinafter called Debtor), and is, within the personal knowledge of the affiant, just,
true and correct; there is now due and owing from Debtor the sum of $12,778.98, plus interest; that all just and
lawful offsets, payments and credits have been allowed.
AFFIANT
SUBSCRIBED AND SWORN TO before me this 20 day of A U6 (i5-7- , 2018.
My Commission Expires:
EDWARD R. JONES JR. NOTARY PUBLIC IN AND FOR THE
NOTARY PUBUC OF NEW JERSEY STATE OF NEW iTER5EY
Comm. # 50062976 6-0MCR567 County,
My Commission Expires 6126/2022
File No. 2899-001MCJ
5429 LBJ Freeway, Suite 700 Dallas, Texas 75240 I T:(214) 369-6422 F:(214) 369-9175 www.jdlawtx.com
Exhibit
Exhibit A
COMMERCIAL INSURANCE BILL
Account Number
0000 0053 8840 001C
Invoice Date
TRANSFORMANCE, INC. JUL 13 2017
8737 King George Dr. STE. 200 Policyholder
Dallas, TX 75235 TRANSFORMANCE, INC.
Questions about your bill? Please call:
CHUBB PREMIUM ACCOUNTING SERVICE CENTER
COMMERCIAL DIRECT BILL at 1-800-372-4822
Your CHUBB agent or broker is :
SWINGLE, COLLINS & ASSOCIATES
1-972-387-3000 Payment Options
To pay by phone call 1-800-372-4822, Option 1
To pay online, go to www.chubb.com,
select Pay My Bill
Account Summary
Previous Balance as of 04/12/2017 $53,718.00
Payments/Adjustments .00
Premium/Charges (40,929.02)
New Balance $12, 788.98
MINIMUM PAYMENT DUE: AUG 02 2017 $12, 788.98
See Page 2 for installment schedule. Details concerning your account are shown under "Account Statement."
b...,%1MMOIMMI:AIMAWMAtifIANZOROSt*RAMTAIMOIOV~OSMAiikri 4.4
Page 1
Please Return This Section Along With Your Payment
Thank you for insuring through Chubb. Payments must be made payable and submitted directly to Chubb,
P.O. BOX 382001, Pittsburgh, PA 15250-8001. For overnight delivery, please remit to Chubb, ATTN: Box 382001, 500 Ross
Street 154-0455, Pittsburgh, PA 15262-0001. Please return this section along with your check, in the envelope provided.
Please write your account number on your check, The return address, printed on the back of this section, should show through
the window in the enclosed envelope.
PAYMENT DUE DATE AUG 02 2017
Payer TRANSFORMANCE, INC.
Account Number 0000 0053 8840 001C Payment Enclosed
Minimum Payment Due $12,788.98
Account Balance $12,788.98
Reference Copy
f.11g141ARIANAPPOPPPgAPPAPPPg blAbMWAg APPAPPAn,W3FINNA
About Your Bill
Account - Your account consists of one or all of your commercial insurance policies written through Chubb, and can be
tailored by you and your agent or broker. You will receive one bill for each commercial insurance account you have with
Chubb.
Previous Balance - Outstanding balance from previous bill.
Payments/Adjustments - Payments received or adjustments made since the last bill.
Premium/Charges - Summary of additional or return premiums, other charges, taxes and surcharges since the last bill.
New Balance - Balance resulting from Previous Balance, Payments, Adjustments and Charges.
Minimum Payment Due - This is the required minimum payment. It includes the installment plus any endorsements,
taxes and surcharges.
Our Payment Policy
Payment of premium signifies your acceptance of all policy provisions. Our receipt of payment signifies your acceptance
of the payment plan(s) and billing conditions set forth below.
If you have more than one policy in your account (as defined in "About Your Bill" above), your policy payments will apply
to the total unpaid balance of your entire account, including future payment plan installments. Your account balance must
be paid in full before a return premium check will be sent to you.
If you would prefer to receive a return premium check rather than applying the money towards your unpaid account
balance and future payment plan installments or have any questions about your bill, please contact the Chubb Premium
Accounting Service Center COMMERCIAL DIRECT BILL at 1-800-372-4822.
Installment Schedule
Future installments may vary if there are changes to your account. No service fee is included in your initial installment.
Each subsequent installment will include an additional $10.00 service fee when billed. No service fee is charged on
multi-year policies paid by annual installments.
Due Date Amount Due
AUG 02 2017 $12,788.98
Page 2
Payment Options (Easy, Convenient, Secure)
Web Pay - Access "Pay Now" on
chubb.com/businessesIbillpay or select "Pay My Bill" from
chubb.corn and click "learn more" under "Business
Insurance Customers". You can pay using an electronic
check or a debit card displaying the VISA or MasterCard
logo.
Telephone - In a hurry? Call us at 1 800 372 4822 and select
option 1 to pay using an electronic check or a debit card
displaying the VISA or MasterCard logo.
Traditional Mail - Place this bill tear-off along with your
CHUBB check in the envelope provided, allow for transit time.
P 0 BOX 382001
PITTSBURGH PA 15250-8001 Over Night Service - Place this bill tear-off along with your
check in an envelope and send to Chubb, A7TN Box
001, 500 Ross Street 154-0455, Pittsburgh PA
111111111111111111111111111111111111111111111&affgHe Co.11 262-0001
Account Number
Payer TRANSFORMANCE, INC. 0000 0053 8840 001C
Policyholder TRANSFORMANCE, INC. Invoice Date
JUL 13 2017
ACCOUNT STATEMENT
W.S.,V.S.,2Ogi.AVaine-MMX0ONAMni,04f.
l,..31WWANSWWW24,4,MPAU S., ,R,ORMORK10.
PREVIOUS ACCOUNT BALANCE AS OF 04/12/2017 $53,718.00
PREMIUM/CHARGES
CUSTOMARQ PACKAGE POLICY - 36046172
PAYMENT PLAN: QUARTERLY
WRITING COMPANY' FEDERAL INSURANCE COMPANY
POLICY AMENDED - TERM DATES: MAR 31 2017 - JAN 22 2018 $(2,922.00)
POLICY CANCELLED - TERM DATES: JUN 03 2017 - JAN 22 2018 $(5,397.00)
ERRORS & OMMISSIONS POLICY - 68034121
PAYMENT PLAN: QUARTERLY
WRITING COMPANY FEDERAL INSURANCE COMPANY
POLICY CANCELLED - TERM DATES: JUN 03 2017 - MAR 02 2018 $(16,232.07)
COMMERCIAL AUTO POLICY - 73596559
PAYMENT PLAN. QUARTERLY
WRITING COMPANY: GREAT NORTHERN INSURANCE COMPANY
POLICY CANCELLED - TERM DATES: MAY 27 2017 - JAN 22 2018 $(364.00)
UMBRELLA POLICY - 78184515
PAYMENT PLAN: QUARTERLY
WRITING COMPANY' FEDERAL INSURANCE COMPANY
POLICY CANCELLED - TERM DATES: JUN 03 2017 - JAN 22 2018 $(883.00)
DIRECTORS & OFFICERS POLICY - 81223178
PAYMENT PLAN: QUARTERLY
WRITING COMPANY' FEDERAL INSURANCE COMPANY
POLICY CANCELLED - TERM DATES: JUN 03 2017 - APR 07 2018 $(9,402.86)
CRIME POLICY - 81223178
PAYMENT PLAN: QUARTERLY
WRITING COMPANY. FEDERAL INSURANCE COMPANY
POLICY CANCELLED - TERM DATES: JUN 03 2017 - APR 07 2018 $(5,738.09)
SERVICE CHARGE $10.00
Reference Copy
continue
ACCOUNT STATEMENT
ACCOUNT STA TEMENT (continued)
(continued)
TOTAL PREMIUM/CHARGES
PREMIUM/CHARGES $(40,929.02)
$(40.929.02)
" " " "
0104#00,11,5SUZZR*36 w
M#401.04Vel=2W0%00$fg
..
SR,, .A2Q605COMV00$16,
.. .... M! 4iMPSOP In
'
..m .
w
NEW ACCOUNT BALANCE $12,788.98
$12,788.98
h
Reference Copy
Copy last
last page
Exhibit
Exhibit B
CHUBS' CHLJBE
Endorsement Important Notice
Policy Period a 2o18
JANUARY 22, 2017 TO JANUARY To obtain infoimakm or rmke ea/mobil=
You may contact the compoly orfoformnkn or to mike a =ordain" at
EffechVe Date
JANUARY 22, 2017
15 Mountain View Rood
Warren, New Jersey 07059
Polley Number
3604-61-72 WUC 1-800-252-4670
insured TRANSFORMANCE, INC, You may mutual do Tam Deponment of homance to obtain infortankm ou companies,
coverages, rights or complaints et
1-800-2523439
Name or Company
FEDERAL INSURANCE COMPANY
You may write the Timm Drummers of Insurance au
Date Issued JANUARY 24, 2017 P.O. Box 149104
Amide, Taw 79714-9104
PLEASE ATTACH THIS ENDORBFJAENTTO YOUR POLICY,CERTFICATE OR BOND. FAX 8(512)475-1771
AddrONS1 Change Effective October 1,2316, the wicker of your 121.11.111•Xe am pasy Is chanalna,
Web: lanythewte uti tour la ua
Endorsement The aldems of 15 Moun tato View Road WHIM, NJ 07059, whcmer it gleam. la
dasruteti to: E-Mall: ovtatna*Psnaraltadrh WI sole
2028 Hall's Mill Road Premium Or Claim Disputer
Whitehouse Station, NJ 1411.99 Should you have a dispute uncrsolutt your Tama/nos about • claim you darakt couteet the
mem Ihn. If the dhow is me molted, you may comact the Terra Derroutem of Insursixe.
Attach This Notice To Your Policy
mi. notice Is for Infornaulre purposes only and des not become a part or casaba of the
All other terms and conditions remain onduatord. attached document,
aselrakV..taseravion.
Alarm Omar &Ammo., Wpp 11M11 ArwaInf Maw a Pail,hobWr wot mar
From #0,10410111raa
Enthmensta Nast Porn, Da1041181 (Ed. 12-07)
khotamoINotb. (Am
CHUBE Customary Series CHUBB'
IMPORTANT NOTICE TO POLICYHOLDERS
IMPORTANT NOTICE FOR TEXAS POLICYHOLDERS TERRORISM RISK INSURANCE ACT
Comrade' Automobile Liability and General Liability
Ibis Import/vs Nods IN baba provided will your policy W 'lather satisfy the disclosure
Pummel to the Texas 'manatee Code, the Chubb Group of Insmunce Comptoles must reovIde Ion
regutremenut of do Tamil= Al* Insuntwo Act.
control Narrow:en or services to Corumacial Automobile Liability and General Liability lummox
policyholders for Tema operahoos, Al the time rist leeched the written offer for ihts policy. we provided you with an Impenniu
Notice to Poligholden itaticatina duu du' insurance penided In lour policy for lows cooed by
certain Ear of temerirra (6* th:flited ho thE tenon/el NI* Irstrance Aral would be partially
If you would the to fuow more about de Clu1Nr1 oar Control Serdemor mead. ter =Meet fix
relinhisseel by de United Siete/ of America pursuant 10 the fomsdn vet Arth hi the Tarotlarit Ruda
rhst To verandas". call L977-249-2202 ter rmal bla.coniroLaorviesettniNMent it you
Wigs= Am In militias]. rrcqulml by the TenoriNin NA Insurance Act. we:
lama meow es rend et amid inmilry, please Made war wane. coataal infintindon, Chid*
policy number and a brief descripdoo of your km cmtrol needs.
indiceled Owl we tumid nuke Itrallable letannewe fur ant lows to the mime orame in we
provide imerratec for otter types &loam
• specified the premium we would dt.wne, If wry, for provkfing such Insurance; and
• ettlept In ix saint psultriated by Lew, gave you the oppormulty to reject and' Wan= and
ieee a contd.. sytntion tashliinif Or Other Ilmitalian Included to your policy.
Thit, Important Nonce sofas had to that Imprrennt Notice nand provales infurmadon about your
*alien mai do MP= In which aver parley has been rutrequendy modifiers
If:
Vol royeerad terrorism imam. Undo tInTerroriarn Rick InSureace Act, your policy
includes der appopriere snare/clay enikawnleuiSd.
You did ran reject ler:Trion instrunce maim de Trout= Risk bum= Act. the reernium
chanted for Ycerpolicy, Includirta chat portion applicable to meortint Insenract wafer the
Ternwirot RI* Inromom Act, la thews honer policy. TO attl Doled your pedicy tocludes
Umuunkai uu terrorism inalintrne, hhoalteeo modified 0. OE milt limitation rlina not apply
10 terrorism lusurance under the Ternaina Risk hmtranoe AM
Mow carefully review your policy led the important MAW provleuhly provided to nal for hue=
deaths Plan mamba: Mat only die temo of your pulley caddish do named your WIMP=
protection,
Rem mote tint If your pulley:
prerid”./runerdei pm piny lAtvratace In jtaisettehon lhol hen o lasagne,
.mustard firs "kik, the pohnitom a. charge foe tetecolon mummer wader the
Tettorunt RIJA letroro h re Act, Inched. an amount hilethutotate In the #1.1011.4
provided moment hr that Amdahl flea policy. ReJeaktn o f such statutory
Lrossmare fr ieway ptotubiteri,
Preview
FILED DALLAS COUNTY 3/11/2019 2:37PM FELICIA PITRE DISTRICT CLERK Darling Tellez Cause No. DC-18-15865 CHUBB & SON, A DIVISION OF IN THE DISTRICT COURT FEDERAL INSURANCE COMPANY AS CONTRACTUAL UNDERWRITING MANAGERS FOR FEDERAL INSURANCE COMPANY AND GREAT NORTHERN INSURANCE COMPANY 101“ JUDICLAL DISTRICT WOOOOODWOOOOODWOOOWDWOOO VS. TRANSFORMANCE, INC. DALLAS COUNTY, TEXAS PLAINTIFF'S SECOND AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Chubb & Son, A Division of Federal Insurance Company as Contractual Underwriting Managers for Federal Insurance Company and Great Northern Insurance Company, ("Plaintiff') in the above-styled and numbered cause, and files this its Second Amended Petition, complaining ofTransformance, Inc. ("Defendant"), and for causes ofaction would respectfully show the Court as follows: I. Plaintiff intends to conduct discovery under Level 1 of the Texas Rules of Civil Procedure and seeks monetary relief 0f $100,000.00 or less, including damages 0f any kind, penalties, costs, expense, pre-judgment interest and attorney’s fees. Defendant, Transformance, 1110., isa Texas corporation and it has been served and filed an answer. Defendant Will be served With this amended petition in accordance with the Texas Rules 0f Civil Procedure. This Court has jurisdiction over the amount in controversy and has jurisdiction over the Defendant. PLAINTIFF'S SECOND AMENDED PETITION PAGE 1 OF 8 J&D File N0. 2899-001MCJ Venue is proper in Dallas County, Texas as the county in which it is all or a substantial parts 0f the events or omissions that give rise to the claims occurred. II.CAUSES 0F ACTION A11 conditions precedent necessary for Plaintiff to have and recover in this action have been performed or have occurred. A. SUIT 0N ACCOUNT Plaintiffpleads a cause 0f action against the Defendant for suit 0n account pursuant t0 Rule 185 ofthe Texas Rules of Civil Procedure. The allegations contained in all ofthe paragraphs 0fthis Petition are hereby re-alleged and incorporated herein by reference for allpurposes as if set forth in full. The verified claim attached hereto, marked "Exhibit A" and incorporated herein by reference, isa liquidated money demand upon which a systematic record has been kept, as therein Shown, and arises out 0f the business dealings between the Plaintiff and Defendant, and is also an account for commercial insurance, which Plaintiff, at the special instance and at the request of the Defendant, sold and delivered t0 the Defendant, on 0r about the several times specified. In consideration whereof, the Defendant then and there promised and agreed t0 pay the Plaintiff the several sums ofmoney charged therefor and upon the terms shown in said account. The commercial insurance, at the time of the sale and delivery thereof, were reasonably worth the several sums of money charged therefor. The prices charged for the commercial insurance were the agreed prices and/or were the usual, customary and reasonable prices. After the allowance of all just and lawful offsets, payments and credits to the Defendant, as reflected in said account, the balance thereof is $12,778.98. It isnow past due and is owed by the PLAINTIFF'S SECOND AMENDED PETITION PAGE 2 OF 8 J&D File N0. 2899-001MCJ Defendant. The Defendant, though often requested, has failed t0 pay the same 0r any part thereof, and the balance 0f the account remains unpaid. B. BREACH 0F CONTRACT (POLICY 36046172) Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff pleads a cause of action against the Defendant for breach of contract. The allegations contained in all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for all purposes as if set forth in full. A valid, enforceable contract exists between Plaintiff and Defendant. During the period of January 22, 20 1 7 through June 3, 20 1 7, Plaintiffprovided insurance coverage t0 Defendant pursuant t0 a valid policy 0f insurance (“Policy 36046172") as more particularly described in the policy. A copy 0f Policy 36046172 is attached hereto as “Exhibit B” and incorporated herein by reference. Plaintiff is the proper party t0 sue for breach of the contract. Plaintiff agreed t0 sell the insurance coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage. Plaintiff performed its contractual obligations by providing Defendant With the insurance coverage Which was requested. Defendant has breached the contract by failing t0 pay for the insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total $3,735.00 plus interest, costs and attorneys fees as allowed by law. C. BREACH 0F CONTRACT (POLICY 81223178) Additionally, and/or in the alternative, Without waiving the foregoing paragraphs, Plaintiff pleads a cause 0f action against the Defendant for breach 0f contract. The allegations contained in all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for all purposes as if set forth in full. PLAINTIFF'S SECOND AMENDED PETITION PAGE 3 OF 8 J&D File N0. 2899-001MCJ A valid, enforceable contract exists between Plaintiff and Defendant. During the period of April 7, 2017 through June 3, 2017, Plaintiff provided insurance coverage t0 Defendant pursuant t0 a valid policy of insurance (“Policy 81223 178") as more particularly described in the policy. A copy of Policy 8 1223 178 is attached hereto as “Exhibit C” and incorporated herein by reference. Plaintiff is the proper party t0 sue for breach 0f the contract. Plaintiff agreed t0 sell the insurance coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage. Plaintiff performed its contractual obligations by providing Defendant With the insurance coverage which was requested. Defendant has breached the contract by failing to pay for the insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total $2,802.05 plus interest, costs and attorneys fees as allowed by law. D. BREACH 0F CONTRACT (POLICY 68034121) Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff pleads a cause 0f action against the Defendant for breach 0f contract. The allegations contained in all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for all purposes as if set forth in full. A valid, enforceable contract exists between Plaintiff and Defendant. During the period of March 2, 2017 through June 3, 2017, Plaintiffprovided insurance coverage t0 Defendant pursuant t0 a valid policy of insurance (“Policy 68034121") as more particularly described in the policy. A copy 0f Policy 68034121 is attached hereto as “Exhibit D” and incorporated herein by reference. Plaintiff is the proper party t0 sue for breach of the contract. Plaintiff agreed t0 sell the insurance coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage. Plaintiff performed its contractual obligations by providing Defendant with the insurance coverage Which was requested. Defendant has breached the contract by failing t0 pay for the PLAINTIFF'S SECOND AMENDED PETITION PAGE 4 OF 8 J&D File N0. 2899-001MCJ insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff‘s damages total $5,549.93 plus interest, costs and attorneys fees as allowed by law. E. BREACH 0F CONTRACT (POLICY 73596559) Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff pleads a cause of action against the Defendant for breach of contract. The allegations contained in all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for all purposes as if set forth in full. A valid, enforceable contract exists between Plaintiff and Defendant. During the period of January 22, 2017 through May 27, 2017, Plaintiff provided insurance coverage t0 Defendant pursuant to a valid policy of insurance (“Policy 73596559") as more particularly described in the policy. A copy of Policy 73596559 is attached hereto as “Exhibit E” and incorporated herein by reference. Plaintiff is the proper party t0 sue for breach 0f the contract. Plaintiff agreed t0 sell the insurance coverage t0 Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage. Plaintiff performed its contractual obligations by providing Defendant With the insurance coverage Which was requested. Defendant has breached the contract by failing t0 pay for the insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total $191.00 plus interest, costs and attorneys fees as allowed by law. F. BREACH 0F CONTRACT (POLICY 78184515) Additionally, and/or in the alternative, Without waiving the foregoing paragraphs, Plaintiff pleads a cause 0f action against the Defendant for breach 0f contract. The allegations contained in all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for all purposes as if set forth in full. PLAINTIFF'S SECOND AMENDED PETITION PAGE 5 OF 8 J&D File N0. 2899-001MCJ A valid, enforceable contract exists between Plaintiff and Defendant. During the period of January 22, 2017 through June 30, 2017, Plaintiff provided insurance coverage t0 Defendant pursuant t0 a valid policy of insurance (“Policy 78 1 845 1 5") as more particularly described in the policy. A copy of Policy 781845 15 is attached hereto as “Exhibit F” and incorporated herein by reference. Plaintiff is the proper party t0 sue for breach 0f the contract. Plaintiff agreed t0 sell the insurance coverage to Defendant. The Defendant agreed t0 pay Plaintiff for the insurance coverage. Plaintiff performed its contractual obligations by providing Defendant With the insurance coverage which was requested. Defendant has breached the contract by failing to pay for the insurance coverage. Defendant’s breach has caused Plaintiff damages. Plaintiff’s damages total $501 .00 plus interest, costs and attorneys fees as allowed by law G. QUANTUM MERUIT Additionally, and/or in the alternative, without waiving the foregoing paragraphs, Plaintiff pleads a cause 0f action against the Defendant for quantum meruit. The allegations contained in all of the paragraphs of this Petition are hereby re-alleged and incorporated herein by reference for all purposes as if set forth in full. Plaintiff states that it provided valuable commercial insurance t0 Defendant. The commercial insurance was accepted, used and enjoyed by the Defendant. Plaintiff, through the actions, conduct and communications With the Defendant was led t0 believe that it would be paid for the commercial insurance. The commercial insurance provided were reasonably worth the sums Charged. Defendant would be unjustly enriched, and Plaintiffpenalized, if Defendant were allowed to retain the benefits 0f such commercial insurance Without paying for it. PLAINTIFF'S SECOND AMENDED PETITION PAGE 6 OF 8 J&D File N0. 2899-001MCJ After all payments and credits have been applied, the Defendant has failed t0 pay the remaining balance of $ 1 2,778.98. This failure to pay said sum has damaged the Plaintiff. Plaintiff” s damages total $12,778.98 plus interest, costs and attorneys fees as allowed by law. ATTORNEY’S FEES Plaintiff has presented its claim t0 the Defendant, and demanded payment thereof, and although more than thirty (30) days have passed since the demand was made, the account and indebtedness have not been paid 0r satisfied. Plaintiff has employed the undersigned attorney to bring this suit and has contracted to pay said attorney a reasonable fee for such service, for one trial 0r hearing ofthis cause in this or any other Court, and an additional reasonable amount for any other trials, hearings and appeals in this 0r any other Court, and which Plaintiff is entitled t0 recover in accordance With Section 38.00 1 , Civil Practice & Remedies Code ofthe State ofTexas, as amended. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Defendant be cited t0 appear and answer this Petition in accordance with the law, and that the Plaintiff have judgment of and from the Defendant for its debt in the sum 0f $12,778.98, interest at the maximum legal rate from thirty (3 0) days following the date the debt was due and owing up t0 the date ofjudgment, for reasonable attorney's fees as herein above alleged, together with interest thereon at the maximum rate equal t0 that allowed by statute from the date ofjudgment until paid, and for all costs of suit, and for such other and further relief, both at law and in equity, t0 Which the Plaintiffmay show itself justly entitled. PLAINTIFF'S SECOND AMENDED PETITION PAGE 7 OF 8 J&D File N0. 2899-001MCJ Respectfully submitted, JAMESON AND DUNAGAN, P. C. 'Il '3'}:- ELM . f By; /' W: MATTHEW’C. JAMESON Texas Bar No. 24046148 5429 LBJ Freeway, Suite 700 Dallas, Texas 75240 (214) 369-6422 - phone (214) 369-9175 - fax Email: mcj@jdlawtx.com ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE 1th Ihereby certify that on this 1 day ofMarch, 20 1 9, a true and correct copy 0fthe foregoing was sent Via efile to the following: Via Efile.TXCOURTS.gov Nathan M. Nichols Orenstein Law Group, P.C. 1910 Pacific Avenue, Suite 8040 Dallas, TX 75201 1" «I f/L r MATTHEWC. WW.- .l? JAMESON PLAINTIFF'S SECOND AMENDED PETITION PAGE 8 OF 8 J&D File N0. 2899-001MCJ J D :47.r.).01WCY, s STATE OF New Jersey COUNTY OF Somerset BEFORE ME, the undersigned authority, on this day personally appeared k k1 LW- IV( reTTe (Name of person making affidavit) who, after being by me duly sworn, states on oath that he is: IF AN INDIVIDUAL PROPRIETORSHIP, complete this section: 1. An individual doing business as (Trade name, if used, otherwise owner) IF A PARTNERSHIP, complete this section: 2. Agent of , consisting of himself (Full name of partnership) and (Full name of other partners) IF A CORPORATION, complete this section: 3, The Assistant Vice President of Chubb (capacity) (Full name of corporation) , a corporation duly incorporated and existing by virtue of the laws of the State of , and that he has knowledge of the facts herein set forth and is duly authorized to make this affidavit and is competent to testify to the matters herein contained; that the annexed claim was made in the regular course of business of said (corporation, co-partnership), affiant, against TRANSFORMANCE, INC. (hereinafter called Debtor), and is, within the personal knowledge of the affiant, just, true and correct; there is now due and owing from Debtor the sum of $12,778.98, plus interest; that all just and lawful offsets, payments and credits have been allowed. AFFIANT SUBSCRIBED AND SWORN TO before me this 20 day of A U6 (i5-7- , 2018. My Commission Expires: EDWARD R. JONES JR. NOTARY PUBLIC IN AND FOR THE NOTARY PUBUC OF NEW JERSEY STATE OF NEW iTER5EY Comm. # 50062976 6-0MCR567 County, My Commission Expires 6126/2022 File No. 2899-001MCJ 5429 LBJ Freeway, Suite 700 Dallas, Texas 75240 I T:(214) 369-6422 F:(214) 369-9175 www.jdlawtx.com Exhibit Exhibit A COMMERCIAL INSURANCE BILL Account Number 0000 0053 8840 001C Invoice Date TRANSFORMANCE, INC. JUL 13 2017 8737 King George Dr. STE. 200 Policyholder Dallas, TX 75235 TRANSFORMANCE, INC. Questions about your bill? Please call: CHUBB PREMIUM ACCOUNTING SERVICE CENTER COMMERCIAL DIRECT BILL at 1-800-372-4822 Your CHUBB agent or broker is : SWINGLE, COLLINS & ASSOCIATES 1-972-387-3000 Payment Options To pay by phone call 1-800-372-4822, Option 1 To pay online, go to www.chubb.com, select Pay My Bill Account Summary Previous Balance as of 04/12/2017 $53,718.00 Payments/Adjustments .00 Premium/Charges (40,929.02) New Balance $12, 788.98 MINIMUM PAYMENT DUE: AUG 02 2017 $12, 788.98 See Page 2 for installment schedule. Details concerning your account are shown under "Account Statement." b...,%1MMOIMMI:AIMAWMAtifIANZOROSt*RAMTAIMOIOV~OSMAiikri 4.4 Page 1 Please Return This Section Along With Your Payment Thank you for insuring through Chubb. Payments must be made payable and submitted directly to Chubb, P.O. BOX 382001, Pittsburgh, PA 15250-8001. For overnight delivery, please remit to Chubb, ATTN: Box 382001, 500 Ross Street 154-0455, Pittsburgh, PA 15262-0001. Please return this section along with your check, in the envelope provided. Please write your account number on your check, The return address, printed on the back of this section, should show through the window in the enclosed envelope. PAYMENT DUE DATE AUG 02 2017 Payer TRANSFORMANCE, INC. Account Number 0000 0053 8840 001C Payment Enclosed Minimum Payment Due $12,788.98 Account Balance $12,788.98 Reference Copy f.11g141ARIANAPPOPPPgAPPAPPPg blAbMWAg APPAPPAn,W3FINNA About Your Bill Account - Your account consists of one or all of your commercial insurance policies written through Chubb, and can be tailored by you and your agent or broker. You will receive one bill for each commercial insurance account you have with Chubb. Previous Balance - Outstanding balance from previous bill. Payments/Adjustments - Payments received or adjustments made since the last bill. Premium/Charges - Summary of additional or return premiums, other charges, taxes and surcharges since the last bill. New Balance - Balance resulting from Previous Balance, Payments, Adjustments and Charges. Minimum Payment Due - This is the required minimum payment. It includes the installment plus any endorsements, taxes and surcharges. Our Payment Policy Payment of premium signifies your acceptance of all policy provisions. Our receipt of payment signifies your acceptance of the payment plan(s) and billing conditions set forth below. If you have more than one policy in your account (as defined in "About Your Bill" above), your policy payments will apply to the total unpaid balance of your entire account, including future payment plan installments. Your account balance must be paid in full before a return premium check will be sent to you. If you would prefer to receive a return premium check rather than applying the money towards your unpaid account balance and future payment plan installments or have any questions about your bill, please contact the Chubb Premium Accounting Service Center COMMERCIAL DIRECT BILL at 1-800-372-4822. Installment Schedule Future installments may vary if there are changes to your account. No service fee is included in your initial installment. Each subsequent installment will include an additional $10.00 service fee when billed. No service fee is charged on multi-year policies paid by annual installments. Due Date Amount Due AUG 02 2017 $12,788.98 Page 2 Payment Options (Easy, Convenient, Secure) Web Pay - Access "Pay Now" on chubb.com/businessesIbillpay or select "Pay My Bill" from chubb.corn and click "learn more" under "Business Insurance Customers". You can pay using an electronic check or a debit card displaying the VISA or MasterCard logo. Telephone - In a hurry? Call us at 1 800 372 4822 and select option 1 to pay using an electronic check or a debit card displaying the VISA or MasterCard logo. Traditional Mail - Place this bill tear-off along with your CHUBB check in the envelope provided, allow for transit time. P 0 BOX 382001 PITTSBURGH PA 15250-8001 Over Night Service - Place this bill tear-off along with your check in an envelope and send to Chubb, A7TN Box 001, 500 Ross Street 154-0455, Pittsburgh PA 111111111111111111111111111111111111111111111&affgHe Co.11 262-0001 Account Number Payer TRANSFORMANCE, INC. 0000 0053 8840 001C Policyholder TRANSFORMANCE, INC. Invoice Date JUL 13 2017 ACCOUNT STATEMENT W.S.,V.S.,2Ogi.AVaine-MMX0ONAMni,04f. l,..31WWANSWWW24,4,MPAU S., ,R,ORMORK10. PREVIOUS ACCOUNT BALANCE AS OF 04/12/2017 $53,718.00 PREMIUM/CHARGES CUSTOMARQ PACKAGE POLICY - 36046172 PAYMENT PLAN: QUARTERLY WRITING COMPANY' FEDERAL INSURANCE COMPANY POLICY AMENDED - TERM DATES: MAR 31 2017 - JAN 22 2018 $(2,922.00) POLICY CANCELLED - TERM DATES: JUN 03 2017 - JAN 22 2018 $(5,397.00) ERRORS & OMMISSIONS POLICY - 68034121 PAYMENT PLAN: QUARTERLY WRITING COMPANY FEDERAL INSURANCE COMPANY POLICY CANCELLED - TERM DATES: JUN 03 2017 - MAR 02 2018 $(16,232.07) COMMERCIAL AUTO POLICY - 73596559 PAYMENT PLAN. QUARTERLY WRITING COMPANY: GREAT NORTHERN INSURANCE COMPANY POLICY CANCELLED - TERM DATES: MAY 27 2017 - JAN 22 2018 $(364.00) UMBRELLA POLICY - 78184515 PAYMENT PLAN: QUARTERLY WRITING COMPANY' FEDERAL INSURANCE COMPANY POLICY CANCELLED - TERM DATES: JUN 03 2017 - JAN 22 2018 $(883.00) DIRECTORS & OFFICERS POLICY - 81223178 PAYMENT PLAN: QUARTERLY WRITING COMPANY' FEDERAL INSURANCE COMPANY POLICY CANCELLED - TERM DATES: JUN 03 2017 - APR 07 2018 $(9,402.86) CRIME POLICY - 81223178 PAYMENT PLAN: QUARTERLY WRITING COMPANY. FEDERAL INSURANCE COMPANY POLICY CANCELLED - TERM DATES: JUN 03 2017 - APR 07 2018 $(5,738.09) SERVICE CHARGE $10.00 Reference Copy continue ACCOUNT STATEMENT ACCOUNT STA TEMENT (continued) (continued) TOTAL PREMIUM/CHARGES PREMIUM/CHARGES $(40,929.02) $(40.929.02) " " " " 0104#00,11,5SUZZR*36 w M#401.04Vel=2W0%00$fg .. SR,, .A2Q605COMV00$16, .. .... M! 4iMPSOP In ' ..m . w NEW ACCOUNT BALANCE $12,788.98 $12,788.98 h Reference Copy Copy last last page Exhibit Exhibit B CHUBS' CHLJBE Endorsement Important Notice Policy Period a 2o18 JANUARY 22, 2017 TO JANUARY To obtain infoimakm or rmke ea/mobil= You may contact the compoly orfoformnkn or to mike a =ordain" at EffechVe Date JANUARY 22, 2017 15 Mountain View Rood Warren, New Jersey 07059 Polley Number 3604-61-72 WUC 1-800-252-4670 insured TRANSFORMANCE, INC, You may mutual do Tam Deponment of homance to obtain infortankm ou companies, coverages, rights or complaints et 1-800-2523439 Name or Company FEDERAL INSURANCE COMPANY You may write the Timm Drummers of Insurance au Date Issued JANUARY 24, 2017 P.O. Box 149104 Amide, Taw 79714-9104 PLEASE ATTACH THIS ENDORBFJAENTTO YOUR POLICY,CERTFICATE OR BOND. FAX 8(512)475-1771 AddrONS1 Change Effective October 1,2316, the wicker of your 121.11.111•Xe am pasy Is chanalna, Web: lanythewte uti tour la ua Endorsement The aldems of 15 Moun tato View Road WHIM, NJ 07059, whcmer it gleam. la dasruteti to: E-Mall: ovtatna*Psnaraltadrh WI sole 2028 Hall's Mill Road Premium Or Claim Disputer Whitehouse Station, NJ 1411.99 Should you have a dispute uncrsolutt your Tama/nos about • claim you darakt couteet the mem Ihn. If the dhow is me molted, you may comact the Terra Derroutem of Insursixe. Attach This Notice To Your Policy mi. notice Is for Infornaulre purposes only and des not become a part or casaba of the All other terms and conditions remain onduatord. attached document, aselrakV..taseravion. Alarm Omar &Ammo., Wpp 11M11 ArwaInf Maw a Pail,hobWr wot mar From #0,10410111raa Enthmensta Nast Porn, Da1041181 (Ed. 12-07) khotamoINotb. (Am CHUBE Customary Series CHUBB' IMPORTANT NOTICE TO POLICYHOLDERS IMPORTANT NOTICE FOR TEXAS POLICYHOLDERS TERRORISM RISK INSURANCE ACT Comrade' Automobile Liability and General Liability Ibis Import/vs Nods IN baba provided will your policy W 'lather satisfy the disclosure Pummel to the Texas 'manatee Code, the Chubb Group of Insmunce Comptoles must reovIde Ion regutremenut of do Tamil= Al* Insuntwo Act. control Narrow:en or services to Corumacial Automobile Liability and General Liability lummox policyholders for Tema operahoos, Al the time rist leeched the written offer for ihts policy. we provided you with an Impenniu Notice to Poligholden itaticatina duu du' insurance penided In lour policy for lows cooed by certain Ear of temerirra (6* th:flited ho thE tenon/el NI* Irstrance Aral would be partially If you would the to fuow more about de Clu1Nr1 oar Control Serdemor mead. ter =Meet fix relinhisseel by de United Siete/ of America pursuant 10 the fomsdn vet Arth hi the Tarotlarit Ruda rhst To verandas". call L977-249-2202 ter rmal bla.coniroLaorviesettniNMent it you Wigs= Am In militias]. rrcqulml by the TenoriNin NA Insurance Act. we: lama meow es rend et amid inmilry, please Made war wane. coataal infintindon, Chid* policy number and a brief descripdoo of your km cmtrol needs. indiceled Owl we tumid nuke Itrallable letannewe fur ant lows to the mime orame in we provide imerratec for otter types &loam • specified the premium we would dt.wne, If wry, for provkfing such Insurance; and • ettlept In ix saint psultriated by Lew, gave you the oppormulty to reject and' Wan= and ieee a contd.. sytntion tashliinif Or Other Ilmitalian Included to your policy. Thit, Important Nonce sofas had to that Imprrennt Notice nand provales infurmadon about your *alien mai do MP= In which aver parley has been rutrequendy modifiers If: Vol royeerad terrorism imam. Undo tInTerroriarn Rick InSureace Act, your policy includes der appopriere snare/clay enikawnleuiSd. You did ran reject ler:Trion instrunce maim de Trout= Risk bum= Act. the reernium chanted for Ycerpolicy, Includirta chat portion applicable to meortint Insenract wafer the Ternwirot RI* Inromom Act, la thews honer policy. TO attl Doled your pedicy tocludes Umuunkai uu terrorism inalintrne, hhoalteeo modified 0. OE milt limitation rlina not apply 10 terrorism lusurance under the Ternaina Risk hmtranoe AM Mow carefully review your policy led the important MAW provleuhly provided to nal for hue= deaths Plan mamba: Mat only die temo of your pulley caddish do named your WIMP= protection, Rem mote tint If your pulley: prerid”./runerdei pm piny lAtvratace In jtaisettehon lhol hen o lasagne, .mustard firs "kik, the pohnitom a. charge foe tetecolon mummer wader the Tettorunt RIJA letroro h re Act, Inched. an amount hilethutotate In the #1.1011.4 provided moment hr that Amdahl flea policy. ReJeaktn o f such statutory Lrossmare fr ieway ptotubiteri,