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TO: Victoria Klein, Ashley Swadley, and E-Ferol Class Members (March 13, 2018)

We are proud to announce that on March 12, 2018, Judges Higginbotham, Southwick, and Costa, of the U.S. Court of Appeals for the Fifth Circuit, after submission of briefs and oral argument by Lead Counsel, Art Brender, on March 7, 2018, in New Orleans, Louisiana, have affirmed the December 2, 2016 Memorandum Opinion and Order of U.S. District Judge Sidney Fitzwater which awarded the E-Ferol Class the $15 million insurance proceeds, in addition to interest, from Federal Insurance Co. We have litigated this coverage case for the class since Judge Fitzwater approved the class settlement in 2011. Federal had refused to contribute its policy limit for the past 7 years claiming various policy defenses which Judge Fitzwater overruled in his opinion in December 2016. The Fifth Circuit ruled in a remarkably short time for such an appeal. Federal Insurance Co. can file a motion for rehearing, but we are confident that the Court of Appeals' Judgment will stand.

This is the final amount of insurance and will complete our class action.

Please do not call us at this time. The Court of Appeals must return the mandate and we must amend several motions and resolve procedural matters before we can begin disbursing these proceeds. Distribution will not occur until after these procedural matters have been concluded but anticipate to begin the process sometime this fall. Please update your address information if you have moved. We will keep you posted on this website.

-Art Brender, Lead Class Counsel; Dwain Dent, Class Counsel; and Fred L. Streck, Class Counsel

To review, press the following links:

• Memorandum Opinion and Order (June 18, 2010)

• Judgment (June 18, 2010)

• Memorandum Opinion and Order (April 9, 2010)

• Class Action Settlement Notice (July 24, 2014)

• Memorandum Opinion and Order (December 2, 2016)

• Judgment (December 2, 2016)

• Class Counsel Correspondence (December 6, 2016)

• U.S. Fifth Circuit Court of Appeals Opinion (March 12, 2018)


 
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