FR EA

Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / insurance-coverage-notice-elkhorn.docx
insurance-coverage-notice-elkhorn.docx
1038-00004 · 12 clauses
High · 2 Medium · 4 Standard · 0
I. Purpose and Identification of Insured Medium
⚑ Notice / time limit to track
I. Purpose and Identification of Insured This firm serves as outside litigation and regulatory-enforcement counsel to Cascade Retail Holdings Inc. ("CRH" or the "Company"), a Delaware corporation whose common stock is publicly traded on the Nasdaq Stock Market under the ticker symbol CRHI. CRH maintains its principal executive offices at 4500 Overlake Boulevard, Suite 800, Bellevue, Washington 98004. Calderwood & Har
II. Description of the Underlying Matter High
⚑ Penalty / liquidated damages
II. Description of the Underlying Matter A. The Civil Investigative Demand On March 26, 2024, the Washington State Office of the Attorney General, Consumer Protection Division, located at 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104, issued a Civil Investigative Demand ("CID") to Cascade Retail Holdings Inc. The CID was issued pursuant to the Attorney General's investigative authority under RCW 19.86.110,
III. Prior Regulatory Counsel Involvement
III. Prior Regulatory Counsel Involvement For the sake of completeness, we note that prior to retaining Calderwood & Harkness LLP to handle the Attorney General's investigation and CID response, CRH consulted with its regular outside regulatory counsel, Dunlap, Mercer & Fosse LLP, located at 999 Fourth Avenue, Suite 3100, Seattle, Washington 98104. The responsible partner at that firm was Nora Chisholm. Dunlap, Merce
IV. Identification of the Policy and Coverage Request High
⚑ Penalty / liquidated damages
IV. Identification of the Policy and Coverage Request A. Policy Identification The insurance policy under which notice is hereby tendered is identified as follows: A copy of the relevant Policy declarations page is enclosed as Enclosure 3 for ease of reference. B. Coverage Requested for Defense Costs CRH requests that Elkhorn acknowledge coverage for defense costs incurred in connection with the Attorney General's in
V. Engagement Team and Point of Contact
V. Engagement Team and Point of Contact The following individuals are the principal contacts for this matter and should be identified in Elkhorn's claim file: Outside Counsel: Calderwood & Harkness LLP 1201 Third Avenue, Suite 4400 Seattle, Washington 98101 Alan Ngo, Partner (Responsible Partner) Direct Telephone: (206) 555-7812 Email: a.ngo@calderwoodharkness.com Patrick Gallagher, Associate (Lead Associate) Direct
VI. Reservation of Rights by CRH Medium
⚑ Liability cap to check against exposure
VI. Reservation of Rights by CRH CRH expressly reserves all of its rights under Policy No. ELK-DO-2024-08817, including but not limited to the following: (a) The right to seek coverage for all categories of loss arising out of the Attorney General's investigation, including defense costs, restitution, settlement payments, and any other amounts that constitute covered Loss under the Policy; (b) The right to challenge
VII. Request for Prompt Acknowledgment Medium
⚑ Notice / time limit to track
VII. Request for Prompt Acknowledgment CRH respectfully requests that Elkhorn provide the following at its earliest convenience: (a) Written acknowledgment of receipt of this notice of claim; (b) A preliminary coverage determination addressing, at minimum, the availability of coverage for defense costs incurred in responding to the CID and the Attorney General's investigation; (c) Identification of any additional inf
VIII. Enclosures
VIII. Enclosures The following documents are enclosed with this letter:
1. Civil Investigative Demand issued by the Washington State Attorney General's Office, C
1. Civil Investigative Demand issued by the Washington State Attorney General's Office, Consumer Protection Division, dated March 26, 2024, together with all exhibits thereto (Enclosure 1);
2. Calderwood & Harkness LLP engagement letter with Cascade Retail Holdings Inc., dated A
2. Calderwood & Harkness LLP engagement letter with Cascade Retail Holdings Inc., dated April 9, 2024, redacted as necessary to preserve applicable attorney-client privilege and work-product protections (Enclosure 2); and
3. Declarations page from Directors & Officers and Corporate Liability Insurance Policy N
3. Declarations page from Directors & Officers and Corporate Liability Insurance Policy No. ELK-DO-2024-08817, provided for ease of reference (Enclosure 3).
IX. Closing Medium
⚑ Notice / time limit to track
IX. Closing We appreciate Elkhorn's prompt attention to this notice of claim and look forward to working cooperatively with your claims team to ensure that CRH's coverage rights are fully preserved. Please do not hesitate to contact me directly if you have any questions or require any additional information. Very truly yours, CALDERWOOD & HARKNESS LLP CALDERWOOD & HARKNESS LLP By: ________ Alan Ngo Partner 1201 Third