SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK COMMERCIAL DIVISION
Index No.: ________________________ (To be assigned upon filing)
SUBPOENA DUCES TECUM TO NON-PARTY BROADREACH INTERMEDIARIES INC. PURSUANT TO CPLR 3120
Note: Caption formatted in anticipation of litigation and reflects the parties as identified in Pinnacle Atlantic Reinsurance Ltd.'s pre-suit demand dated February 14, 2026. In the event Quorum Casualty & Surety Company commences the action, the caption shall be adjusted accordingly to reflect Quorum Casualty & Surety Company as Plaintiff and Pinnacle Atlantic Reinsurance Ltd. as Defendant. The Index Number shall be inserted upon filing.
SUBPOENA DUCES TECUM
I. PREAMBLE
THE PEOPLE OF THE STATE OF NEW YORK
TO: Broadreach Intermediaries Inc., a New York corporation and licensed reinsurance intermediary, with principal office at 100 Wall Street, 18th Floor, New York, New York 10005, Attention: James "Jamie" Castellano, Account Executive.
GREETINGS:
YOU ARE HEREBY COMMANDED, pursuant to Article 31 of the New York Civil Practice Law and Rules ("CPLR"), including without limitation CPLR 3101(a)(4) and CPLR 3120, to produce and make available for inspection and copying the documents and electronically stored information ("ESI") described in the Schedule of Documents Requested set forth below. This Subpoena Duces Tecum is issued by and on behalf of Quorum Casualty & Surety Company ("QC&S"), by its attorneys of record, Calderwood & Harkness LLP, One Liberty Plaza, 55th Floor, New York, New York 10006.
All service-related inquiries and all communications concerning this subpoena, including any objections, requests for modification, or questions regarding the scope of the requests set forth herein, should be directed to:
Jeffrey Park, Esq., Lead Associate Calderwood & Harkness LLP One Liberty Plaza, 55th Floor New York, New York 10006 Telephone: (212) 558-4000
Email: jpark@calderwoodharkness.com
This subpoena is issued in connection with Calderwood & Harkness LLP Matter No. 1025-00005.
II. COMPLIANCE INSTRUCTIONS
A. Date, Time, and Place for Production
Production of the documents and ESI described in the Schedule of Documents Requested below shall be made on or before the following date and time:
Date: ______ [To be inserted — at least twenty (20) days from service, in accordance with CPLR 3120(2)]
Time: 10:00 a.m. (Eastern Time)
Place: Calderwood & Harkness LLP, One Liberty Plaza, 55th Floor, New York, New York 10006
Alternatively, by prior written agreement between Broadreach Intermediaries Inc. (or its counsel) and Calderwood & Harkness LLP, documents may be produced electronically in a mutually agreed-upon format, including via secure electronic transfer (e.g., secure FTP, encrypted file-sharing platform, or other commercially reasonable electronic transmission method).
Production may also be made by delivering or transmitting copies of all responsive documents to Calderwood & Harkness LLP at the above address, or via the agreed-upon secure electronic transfer, in lieu of a personal appearance by any officer, director, employee, or representative of Broadreach Intermediaries Inc., provided that all responsive documents and ESI are produced in their entirety on or before the compliance date set forth above. If Broadreach Intermediaries Inc. elects to produce documents in lieu of a personal appearance, Broadreach Intermediaries Inc. shall notify Calderwood & Harkness LLP in writing at least five (5) business days before the compliance date of its intent to do so.
B. General Instructions
The following General Instructions apply to all requests set forth in the Schedule of Documents Requested:
Instruction 1. This Subpoena Duces Tecum is issued pursuant to CPLR 3120 and seeks the production of documents and electronically stored information ("ESI") as described herein. Broadreach Intermediaries Inc. is directed to produce all documents and ESI within its possession, custody, or control that are responsive to the categories described below, including documents and ESI in the possession of Broadreach Intermediaries Inc.'s officers, directors, employees, agents, representatives, attorneys, accountants, consultants, affiliates, predecessors, and successors, to the extent that such documents and ESI are within Broadreach Intermediaries Inc.'s possession, custody, or control.
Instruction 2. As used in this subpoena, the term "document" or "documents" is defined broadly and includes, without limitation, all writings, correspondence, memoranda, emails, electronic messages (including messages sent via any messaging platform, including but not limited to Northgate Data Systems, Meridian Solutions, Vireo Software messaging, and any other messaging application), reports, spreadsheets, databases, accounting records, ledgers, slips, cover notes, binders, endorsements, agreements, amendments, addenda, facsimiles, letters, notes (whether handwritten or typed), minutes, presentations, summaries, analyses, charts, graphs, diagrams, photographs, recordings, and any other tangible or electronically stored information, in any format or medium, whether stored on paper, magnetic media, optical media, cloud-based storage, servers, desktops, laptops, mobile devices, or any other medium, and regardless of whether the document is an original or a copy.
Instruction 3. Production shall include all originals of responsive documents. Where originals are unavailable, true and correct copies shall be produced. In addition, all drafts of any responsive document that differ in any material respect from the final version of that document shall be produced as separate responsive documents.
Instruction 4. Electronically stored information shall be produced in its native format, or alternatively, as single-page TIFF images with extracted text and all associated metadata (including, without limitation, file creation dates, modification dates, author fields, recipient fields, subject lines, attachment information, and file path information). Load files shall be provided in a format compatible with concordance or relativity (or such other litigation review platform as may be agreed upon by the parties). To the extent that ESI is produced in TIFF format, Optical Character Recognition ("OCR") text files shall be provided for any documents that do not contain extractable text. Embedded files and attachments to emails shall be produced as separate documents linked to their parent documents.
Instruction 5. If any document or category of documents responsive to this subpoena is withheld, in whole or in part, on the grounds of attorney-client privilege, the work product doctrine, or any other privilege or protection recognized under applicable law, Broadreach Intermediaries Inc. shall prepare and produce, contemporaneously with the production of responsive documents, a privilege log identifying each withheld document or communication. The privilege log shall include, at a minimum, the following information for each withheld item:
(a) the date of the document or communication;
(b) the name and title (if known) of the author or sender;
(c) the name(s) and title(s) (if known) of all recipient(s) and persons copied;
(d) the subject matter of the document or communication (described in sufficient detail to permit an assessment of the privilege claim without revealing the privileged content);
(e) the type or nature of the document (e.g., letter, memorandum, email, report);
(f) the total number of pages of the document;
(g) the specific privilege or protection claimed (e.g., attorney-client privilege, work product — fact, work product — opinion); and
(h) the factual basis for the assertion of the privilege or protection.
Instruction 6. Documents produced in response to this subpoena shall be organized and labeled to correspond with the numbered categories set forth in the Schedule of Documents Requested below. If a document is responsive to more than one category, it need only be produced once, but shall be identified (by Bates number or other unique identifier) as responsive to each applicable category. A document index or production log identifying documents by category shall accompany the production.
Instruction 7. Unless otherwise specified in a particular request, the time period for all requests set forth in the Schedule of Documents Requested is from July 1, 2019 (the inception date of Treaty No. PA-QCS-2019-EXL-0044) through and including the date of compliance with this subpoena. Documents that were created, sent, received, or modified outside of this time period but that relate to the Treaty or to any matter described in the Schedule of Documents Requested are also responsive and should be produced.
C. Definitions. For purposes of this subpoena, the following terms shall have the meanings set forth below. These definitions apply throughout this subpoena, including in the Schedule of Documents Requested, unless the context clearly requires otherwise:
"Treaty" means the Aggregate Excess-of-Loss Reinsurance Treaty No. PA-QCS-2019-EXL-0044, effective July 1, 2019, between Quorum Casualty & Surety Company (as cedent) and Pinnacle Atlantic Reinsurance Ltd. (as reinsurer), including all endorsements, amendments, addenda, riders, and extensions thereto, and all documents forming part of or incorporated by reference into the Treaty.
"QC&S" means Quorum Casualty & Surety Company, a New York-domiciled stock property and casualty insurer (NAIC No. 24891), with principal office at 200 Constitution Plaza, Suite 3200, Hartford, Connecticut 06103, and includes its officers, directors, employees, agents, representatives, predecessors, successors, and assigns, as the context may require.
"Pinnacle Atlantic" means Pinnacle Atlantic Reinsurance Ltd., a Bermuda Class 4 insurer (BMA Registration No. BMA-4R-2008-0331), with registered office at Clarendon House, 14 Church Street, Hamilton HM 11, Bermuda, and U.S. office at 1285 Avenue of the Americas, 28th Floor, New York, New York 10019, and includes its officers, directors, employees, agents, representatives, predecessors, successors, and assigns, as the context may require.
"Broadreach" means Broadreach Intermediaries Inc., a New York corporation and licensed reinsurance intermediary, with principal office at 100 Wall Street, 18th Floor, New York, New York 10005, and includes its officers, directors, employees, agents, representatives, predecessors, successors, and assigns, as the context may require.
"Treaty Year" or "TY" means the annual period running from July 1 to June 30, as defined in the Treaty. The Treaty Years at issue in this litigation include, without limitation:
(a) TY 2021: July 1, 2021 through June 30, 2022;
(b) TY 2022: July 1, 2022 through June 30, 2023; and
(c) TY 2023: July 1, 2023 through June 30, 2024.
References to other Treaty Years (e.g., TY 2019, TY 2020, TY 2024, TY 2025) shall be construed in accordance with the same July 1 to June 30 annual period convention.
"Meridian Docks Claims" means the thirty-one (31) related commercial general liability bodily injury claims arising from alleged toxic contamination at the Meridian Docks industrial waterfront redevelopment project located in Newark, New Jersey, insured under QC&S Policy No. CGL-2020-09844, issued to Meridian Docks Development LLC, and includes all notices, reserves, payments, settlements, and other claim-handling activity related thereto.
"Veridian E&O Claims" means the three (3) related errors and omissions / professional liability claims brought by investors against Veridian Financial Services Inc., insured under QC&S Policy No. PL-2021-15327, settled on September 8, 2023 for a combined amount of Thirty-Four Million Five Hundred Thousand Dollars ($34,500,000), and includes all notices, reserves, payments, settlements, and other claim-handling activity related thereto.
"Communication" or "Communications" means any exchange of information, whether oral or written, including but not limited to letters, emails, facsimiles, instant messages, text messages, voicemails, telephone calls (including notes or logs of telephone calls), and in-person or video meetings (including notes, agendas, presentations, or minutes of such meetings), regardless of the medium or format.
III. SCHEDULE OF DOCUMENTS REQUESTED
Category 1: Treaty Placement Records
Broadreach Intermediaries Inc. is directed to produce all documents related to the placement, negotiation, binding, and execution of Treaty No. PA-QCS-2019-EXL-0044, including but not limited to the following:
1.1. All treaty slips, cover notes, binders, and signed or initialed placement documents reflecting the terms upon which the Treaty was placed, bound, or confirmed, including any preliminary indications, firm orders, and confirmations of coverage.
1.2. The fully executed Treaty, including all endorsements, amendments, addenda, and riders thereto, in all versions that passed through or were maintained by Broadreach in the ordinary course of business.
1.3. All extension agreements and notices of extension or non-renewal related to the Treaty, including without limitation documents reflecting the automatic annual extension provisions of the Treaty and Pinnacle Atlantic's non-renewal notice dated October 1, 2025, or any records of the transmission or receipt of such non-renewal notice.
1.4. All placement memoranda, marketing submissions, and underwriting information packages prepared by or transmitted through Broadreach in connection with the placement of the Treaty, including any submissions to potential reinsurers, market presentations, or underwriting analyses provided by QC&S to Broadreach for use in the placement process.
1.5. All correspondence, in any form, between Broadreach and QC&S and/or between Broadreach and Pinnacle Atlantic relating to the negotiation of Treaty terms, including but not limited to correspondence concerning:
(a) Article 3 of the Treaty (premium reporting obligations and premium calculation methodology);
(b) Article 5 of the Treaty (definition of "losses incurred" and the methodology for calculating aggregate net incurred losses);
(c) Article 7 of the Treaty (notice requirements, including individual claim reporting thresholds and timing of loss advices);
(d) Article 9 of the Treaty (intermediary clause, designating Broadreach as the intermediary broker);
(e) Article 11 of the Treaty (follow-the-fortunes and follow-the-settlements provisions); and
(f) Article 22 of the Treaty (arbitration clause, including the selection of arbitrators and the procedural rules governing arbitration).
Category 2: Premium Accounting Records
Broadreach Intermediaries Inc. is directed to produce all documents related to the calculation, reporting, and transmittal of ceded earned premium under the Treaty for all Treaty Years (TY 2019 through TY 2025), including but not limited to the following:
2.1. All premium bordereaux and premium statements submitted by QC&S and transmitted to Pinnacle Atlantic through Broadreach, for each Treaty Year, including quarterly, semi-annual, and annual premium reports.
2.2. Broadreach's own premium accounting records, ledgers, and reconciliation workpapers maintained for the Treaty in the ordinary course of Broadreach's business as intermediary broker, including any internal accounting entries, journal entries, or general ledger postings related to premiums received, held, or transmitted under the Treaty.
2.3. All correspondence, in any form, between Broadreach and QC&S or between Broadreach and Pinnacle Atlantic regarding premium calculations, premium adjustments, premium disputes, or any disagreement concerning the amount of ceded earned premium due under the Treaty for any Treaty Year.
2.4. All documents reflecting the provisional treaty premium rate of forty-two percent (42%) and any slide-scale premium adjustments contemplated by the Treaty, including the minimum premium rate of thirty-five percent (35%) and the maximum premium rate of fifty-two percent (52%), and all calculations, analyses, or correspondence related to the application or adjustment of such rates.
2.5. All documents related to the reported ceded earned premium for TY 2022, including without limitation:
(a) documents reflecting QC&S's reported ceded earned premium figure of Thirty-Eight Million Four Hundred Thousand Dollars ($38,400,000) for TY 2022;
(b) documents reflecting Pinnacle Atlantic's asserted ceded earned premium figure of Forty-Five Million Two Hundred Thousand Dollars ($45,200,000) for TY 2022; and
(c) any correspondence, analyses, reconciliations, or documentation reflecting the basis for the discrepancy between the two figures, or reflecting any efforts to resolve such discrepancy.
2.6. All documents related to the treatment of run-off portfolio transfer premiums under Article 3.4 of the Treaty, including without limitation any analyses, memoranda, correspondence, or accounting records reflecting whether such premiums were included in or excluded from ceded earned premium calculations for any Treaty Year.
2.7. Records of all premium payments transmitted from QC&S to Pinnacle Atlantic (or from Pinnacle Atlantic to QC&S, as the case may be) through Broadreach, including all wire transfer confirmations, remittance advices, settlement statements, and related financial documentation reflecting the movement of funds between or among the parties through Broadreach's intermediary accounts.
Category 3: Loss Reporting and Billing Transmittals
Broadreach Intermediaries Inc. is directed to produce all documents related to the reporting of losses, cessions, and reinsurance recoverable billings under the Treaty for TY 2021, TY 2022, and TY 2023, including but not limited to the following:
3.1. All loss bordereaux, loss reports, and aggregate loss statements submitted by QC&S and transmitted to Pinnacle Atlantic through Broadreach, for TY 2021, TY 2022, and TY 2023, including quarterly and annual loss reports, interim loss advices, and any supplemental or amended loss reports.
3.2. All billing statements, invoices, and demands for payment of reinsurance recoverables transmitted from QC&S to Pinnacle Atlantic through Broadreach for TY 2021, TY 2022, and TY 2023, including any supporting documentation accompanying such billings.
3.3. Complete records of the seven (7) billing installments transmitted from QC&S to Pinnacle Atlantic through Broadreach, from October 15, 2022 (the first TY 2022 installment of Fifteen Million Dollars ($15,000,000)) through March 29, 2024 (the final TY 2023 installment of Three Million Two Hundred Thousand Dollars ($3,200,000)), totaling Seventy-Eight Million Four Hundred Thousand Dollars ($78,400,000), including but not limited to all invoices, payment instructions, and transmittal records associated with each installment.
3.4. All correspondence or transmittal documentation associated with each billing installment referenced in Request 3.3 above, including cover letters, cover emails, payment instructions, payment confirmations, acknowledgments of receipt, and any responses or objections from Pinnacle Atlantic relating to any such billing.
3.5. Records of all payments made by Pinnacle Atlantic to QC&S, totaling Seventy-Eight Million Four Hundred Thousand Dollars ($78,400,000), transmitted through Broadreach, including all wire transfer confirmations, settlement records, remittance advices, and any intermediary account statements reflecting the receipt and onward transmission of such funds.
3.6. All documents reflecting the aggregate net incurred loss figures for each Treaty Year at issue, including without limitation:
(a) TY 2021: One Hundred Four Million Six Hundred Thousand Dollars ($104,600,000);
(b) TY 2022: One Hundred Eighty-Nine Million Seven Hundred Thousand Dollars ($189,700,000); and
(c) TY 2023: One Hundred Twenty-Eight Million Seven Hundred Thousand Dollars ($128,700,000).
3.7. All documents reflecting the One Hundred Twenty Million Dollar ($120,000,000) per-treaty-year retention and the calculation of ceded losses in excess of the retention, including without limitation:
(a) TY 2022 ceded losses of Sixty-Nine Million Seven Hundred Thousand Dollars ($69,700,000); and
(b) TY 2023 ceded losses of Eight Million Seven Hundred Thousand Dollars ($8,700,000).
Category 4: Notice of Claims and Loss Advices
Broadreach Intermediaries Inc. is directed to produce all documents related to the notification or advising of individual claims or claim clusters under the Treaty transmitted between QC&S and Pinnacle Atlantic through Broadreach, including but not limited to the following:
4.1. All notices, loss advices, and reserve notifications related to the Meridian Docks Claims (thirty-one (31) commercial general liability bodily injury claims, insured under QC&S Policy No. CGL-2020-09844), including but not limited to any notice transmitted on or about May 22, 2022, and all subsequent updates, amendments, or supplemental notices related to the Meridian Docks Claims.
4.2. All notices, loss advices, and reserve notifications related to the Veridian E&O Claims (three (3) professional liability claims, insured under QC&S Policy No. PL-2021-15327), including but not limited to notices regarding the September 8, 2023 settlement of Thirty-Four Million Five Hundred Thousand Dollars ($34,500,000), and all preliminary notices, interim advices, and reserve change notifications related to the Veridian E&O Claims.
4.3. Any documents reflecting the Article 7 individual claim reporting threshold, including all documents reflecting the One Million Dollar ($1,000,000) individual claim reporting threshold and any discussions, correspondence, or analyses regarding the applicability of that threshold to the Meridian Docks Claims, the Veridian E&O Claims, or any other claims under the Treaty.
4.4. All internal Broadreach records regarding the timing, receipt, and onward transmission of claim notices between QC&S and Pinnacle Atlantic, including but not limited to date-stamped or time-stamped records of receipt of notices from QC&S, records of transmission of notices to Pinnacle Atlantic, and any logs or tracking systems maintained by Broadreach for monitoring the flow of claim notices under the Treaty.
4.5. All cover letters, transmittal emails, or other documentation accompanying claim notices forwarded by Broadreach to Pinnacle Atlantic, including any comments, annotations, or notations added by Broadreach personnel.
4.6. Any correspondence from Pinnacle Atlantic to Broadreach (or transmitted through Broadreach to QC&S) acknowledging receipt of claim notices, raising concerns or objections about the timeliness or sufficiency of claim notices, or reserving any rights in connection with the timing or content of claim notices received from QC&S.
Category 5: Correspondence Between QC&S and Pinnacle Atlantic Transmitted Through Broadreach
Broadreach Intermediaries Inc. is directed to produce all correspondence, in any form, between QC&S and Pinnacle Atlantic that was transmitted through, copied to, or originated from Broadreach, from July 1, 2019 to the present, including but not limited to the following:
5.1. Correspondence regarding Treaty terms, interpretation, or administration, including any questions, clarifications, or disagreements concerning the meaning or application of any provision of the Treaty.
5.2. Correspondence regarding claims handling, settlement authority, or claims reserves, including any discussions between the parties regarding the investigation, evaluation, defense, or resolution of claims ceded or potentially ceded to the Treaty.
5.3. Correspondence regarding premium calculations or disputes, including any correspondence reflecting disagreements concerning the amount, timing, or methodology of ceded earned premium calculations for any Treaty Year.
5.4. Correspondence regarding the Meridian Docks Claims and/or the Veridian E&O Claims, including any correspondence regarding the investigation, evaluation, defense, settlement, or disposition of such claims, and any correspondence concerning the allocation of losses arising from such claims to the Treaty.
5.5. Any reservation of rights letters or communications, including without limitation the reservation of rights letter from Pinnacle Atlantic dated December 12, 2025, or any records of its transmission through Broadreach, as well as any prior or subsequent reservation of rights communications between the parties.
5.6. Any demand letters, dispute notices, or threatened litigation correspondence transmitted between QC&S and Pinnacle Atlantic through Broadreach, including but not limited to Pinnacle Atlantic's pre-suit demand dated February 14, 2026, or any records of its transmission through Broadreach.
5.7. Any correspondence regarding Incurred But Not Reported ("IBNR") reserve development and the allocation of Twenty-Two Million Three Hundred Thousand Dollars ($22,300,000) in IBNR reserves to Treaty Years, including any discussions concerning the methodology, reasonableness, or appropriateness of IBNR reserve estimates and their allocation between accident years 2021 and 2022.
Category 6: Broadreach Internal Files and Communications
Broadreach Intermediaries Inc. is directed to produce all internal Broadreach memoranda, file notes, logs, emails, and communications related to the Treaty, including but not limited to the following:
6.1. Broadreach's complete internal account file for Treaty No. PA-QCS-2019-EXL-0044, including all file jackets, correspondence files, electronic file folders, and any other compilations of documents maintained by Broadreach in the ordinary course of its business as intermediary broker for the Treaty.
6.2. All internal communications among Broadreach personnel (including without limitation James "Jamie" Castellano, Account Executive, and any other Broadreach employees, officers, or agents who had involvement with or responsibility for the Treaty account) regarding the Treaty, QC&S, or Pinnacle Atlantic.
6.3. All internal communications regarding any dispute, disagreement, or concern between QC&S and Pinnacle Atlantic relating to the Treaty, including any discussions among Broadreach personnel concerning the nature, scope, or likely resolution of any such dispute.
6.4. All internal communications regarding the Meridian Docks Claims, the Veridian E&O Claims, or the timing and sufficiency of claims notices related to either set of claims, including any discussions among Broadreach personnel concerning the timeliness of claim notices transmitted from QC&S to Pinnacle Atlantic, or any concerns about potential late-notice issues.
6.5. All internal communications regarding premium calculations, ceded earned premium discrepancies, or the treatment of run-off portfolio transfer premiums under Article 3.4 of the Treaty, including any discussions among Broadreach personnel concerning the discrepancy between QC&S's and Pinnacle Atlantic's respective ceded earned premium figures for TY 2022.
6.6. Any internal analysis, memoranda, notes, or communications regarding the dispute that is the subject of this litigation, including any discussions among Broadreach personnel concerning Pinnacle Atlantic's reservation of rights letter dated December 12, 2025, Pinnacle Atlantic's pre-suit demand dated February 14, 2026, or the prospect of litigation between QC&S and Pinnacle Atlantic.
Category 7: Actuarial and Loss Development Documents
Broadreach Intermediaries Inc. is directed to produce all actuarial reports, loss development analyses, actuarial certificates, and related documents transmitted through Broadreach or in Broadreach's possession related to the Treaty, including but not limited to the following:
7.1. All actuarial certificates prepared by Velthorn Actuarial Advisors LLC (75 Ashbury Asset Advisors, Suite 1400, Boston, Massachusetts 02109; principal actuary: Dr. Stephen Tanaka, FCAS, MAAA) underlying the disputed cessions for TY 2021, TY 2022, and TY 2023, including any draft actuarial certificates, final actuarial certificates, and any revisions or amendments thereto.
7.2. All loss development triangle data, incurred-loss summaries, and IBNR reserve analyses for TY 2021, TY 2022, and TY 2023 transmitted through Broadreach or in Broadreach's possession, including any data or analyses prepared by Velthorn Actuarial Advisors LLC or by QC&S's internal actuarial department.
7.3. Any documents reflecting the allocation of IBNR reserve development in the amount of Twenty-Two Million Three Hundred Thousand Dollars ($22,300,000) between accident years 2021 and 2022, including any actuarial analyses, correspondence, or memoranda regarding the methodology and basis for such allocation.
7.4. Any correspondence regarding Pinnacle Atlantic's challenges to actuarial methodology or loss development factors, including any letters, emails, or other communications from Pinnacle Atlantic (or its actuaries or consultants) questioning, objecting to, or seeking clarification of the actuarial methods, assumptions, or loss development factors employed by QC&S or Velthorn Actuarial Advisors LLC in calculating losses ceded to the Treaty.
Category 8: Settlement Documentation — Veridian E&O Claims
Broadreach Intermediaries Inc. is directed to produce all documents related to the settlement of the Veridian E&O Claims transmitted through Broadreach or in Broadreach's possession, including but not limited to the following:
8.1. All settlement advices, settlement notifications, and settlement approval requests related to the September 8, 2023 settlement of the Veridian E&O Claims for a combined amount of Thirty-Four Million Five Hundred Thousand Dollars ($34,500,000), including the individual claim settlement amounts:
(a) Claim A: Fourteen Million Two Hundred Thousand Dollars ($14,200,000);
(b) Claim B: Twelve Million Eight Hundred Thousand Dollars ($12,800,000); and
(c) Claim C: Seven Million Five Hundred Thousand Dollars ($7,500,000).
8.2. Any correspondence between QC&S and Pinnacle Atlantic (transmitted through Broadreach or copied to Broadreach) regarding the proposed settlement terms, settlement authority, or settlement reasonableness, including any pre-settlement consultations, post-settlement notifications, and any discussions regarding the allocation of settlement amounts among the three claims.
8.3. Any objections, reservations, or comments from Pinnacle Atlantic regarding the settlement of the Veridian E&O Claims, including any written communications from Pinnacle Atlantic expressing disagreement with the settlement amounts, the settlement methodology, or the decision to settle rather than litigate.
8.4. All documents reflecting QC&S's net retained amount of Twenty-Six Million One Hundred Thousand Dollars ($26,100,000) after application of other reinsurance, and the allocation of Eight Million Seven Hundred Thousand Dollars ($8,700,000) in ceded losses to TY 2023 under the Treaty, including any calculations, analyses, or correspondence related thereto.
Category 9: Treaty Termination and Non-Renewal Records
Broadreach Intermediaries Inc. is directed to produce all documents related to the extension, non-renewal, or termination of the Treaty, including but not limited to the following:
9.1. All records of automatic annual extensions of the Treaty beyond the original expiration date of June 30, 2024, including any notices, confirmations, or correspondence reflecting the continuation of the Treaty beyond that date.
9.2. Pinnacle Atlantic's non-renewal notice dated October 1, 2025, or records of its transmission through Broadreach, including any cover correspondence, transmittal emails, or acknowledgments of receipt related to such non-renewal notice.
9.3. Any correspondence regarding grounds for termination of the Treaty, including any termination rights asserted by either party in connection with the alleged premium underreporting dispute or any other grounds for termination identified in the Treaty or by applicable law.
9.4. All documents reflecting the ninety (90) day notice requirement for non-renewal under the Treaty, including any analyses, correspondence, or memoranda regarding the applicability of, compliance with, or alleged breach of such notice requirement.
IV. STATEMENT OF RELEVANCE (CPLR 3101(a)(4))
The documents and ESI sought by this Subpoena Duces Tecum are material and necessary to the prosecution and defense of claims and counterclaims in this action, within the meaning of CPLR 3101(a)(4), for the following reasons:
A. Broadreach's Role as Designated Intermediary. Broadreach Intermediaries Inc. served as the designated intermediary broker under Article 9 of Treaty No. PA-QCS-2019-EXL-0044. In that capacity, Broadreach was the primary conduit for substantially all premium, claims, and billing communications between QC&S (as cedent) and Pinnacle Atlantic (as reinsurer). Broadreach's files and records therefore constitute a comprehensive and contemporaneous record of the parties' dealings under the Treaty, and Broadreach is uniquely positioned to provide documentary evidence bearing on the central disputes in this litigation.
B. Materiality to Claims and Counterclaims. The documents sought are directly material and necessary to the prosecution and defense of claims and counterclaims arising from Pinnacle Atlantic's pre-suit demand dated February 14, 2026, in which Pinnacle Atlantic demands the return of Seventy-Eight Million Four Hundred Thousand Dollars ($78,400,000) in paid reinsurance recoverables, plus Twelve Million Six Hundred Thousand Dollars ($12,600,000) in interest, for a total demand of Ninety-One Million Dollars ($91,000,000). QC&S disputes the factual and legal bases for Pinnacle Atlantic's demand in their entirety and intends to assert affirmative defenses and counterclaims.
C. Probative Value on Central Issues. Broadreach's records are uniquely probative on the following central issues in dispute:
(i) Timing and Adequacy of Claim Notices (Article 7): Pinnacle Atlantic has asserted that QC&S failed to provide timely notice of claims under the Treaty. Broadreach's records of the dates on which claim notices were received from QC&S and transmitted to Pinnacle Atlantic are essential to resolving this dispute.
(ii) Accuracy of Premium Reporting (Article 3): Pinnacle Atlantic has asserted that QC&S underreported ceded earned premium for TY 2022 by approximately Six Million Eight Hundred Thousand Dollars ($6,800,000). Broadreach's premium accounting records and correspondence are essential to determining the correct premium figure and the treatment of run-off portfolio transfer premiums under Article 3.4.
(iii) Cedent's Settlement Practices (Article 11): Pinnacle Atlantic has raised concerns about the reasonableness and propriety of QC&S's settlement of the Veridian E&O Claims. Broadreach's records of correspondence between the parties regarding settlement authority, settlement terms, and settlement notifications are essential to evaluating these claims.
(iv) Loss Reporting and IBNR Allocation (Article 5): Pinnacle Atlantic has challenged the actuarial methodology and loss development factors underlying the cessions for TY 2022 and TY 2023, including the allocation of $22,300,000 in IBNR reserve development. Broadreach's records of actuarial reports, loss development data, and related correspondence are essential to resolving these issues.
D. Proportionality and Tailoring. The scope of the requests set forth in the Schedule of Documents Requested is tailored to the Treaty and to the specific disputes identified in Pinnacle Atlantic's demand letter. The requests seek documents directly related to the Treaty and the disputes at issue, and do not seek broad categories of unrelated business records. The requests are not unduly burdensome given Broadreach's role as intermediary broker and its obligation to maintain Treaty records in the ordinary course of its business, in accordance with its duties under Article 9 of the Treaty and applicable regulatory requirements governing licensed reinsurance intermediaries in the State of New York.
V. DUTY TO PRESERVE
Broadreach Intermediaries Inc. is hereby directed, effective immediately upon receipt of this subpoena, to take all steps necessary to preserve all documents and electronically stored information responsive to this subpoena, and to prevent the destruction, alteration, spoliation, deletion, overwriting, or loss of any such documents and ESI, from the date of receipt of this subpoena until further order of the Court or written notice from Calderwood & Harkness LLP, on behalf of QC&S, that the preservation obligation has been discharged.
Without limiting the generality of the foregoing, Broadreach Intermediaries Inc. is directed to:
(a) suspend any automatic deletion, destruction, or overwriting policies or practices that may apply to documents or ESI responsive to this subpoena, including but not limited to email retention policies, document destruction schedules, and backup tape recycling programs;
(b) issue a litigation hold notice to all officers, directors, employees, agents, and representatives of Broadreach who have had any involvement with or responsibility for the Treaty, QC&S, or Pinnacle Atlantic, directing them to preserve all documents and ESI in their possession, custody, or control that may be responsive to this subpoena;
(c) take affirmative steps to ensure the preservation of all relevant backup tapes, server data, cloud-based storage, email archives, and mobile device data; and
(d) preserve all metadata associated with responsive documents and ESI.
Failure to preserve responsive documents and ESI may result in sanctions, including adverse inference instructions, pursuant to CPLR 3126 and the common law of the State of New York.
VI. REIMBURSEMENT OF REASONABLE PRODUCTION COSTS
QC&S, through its counsel Calderwood & Harkness LLP, will reimburse Broadreach Intermediaries Inc. for the reasonable costs of production incurred in complying with this subpoena, as required by CPLR 3122(d). Such reimbursement shall be made upon submission by Broadreach Intermediaries Inc. (or its counsel) of an itemized statement of costs, which shall identify with reasonable specificity the nature and amount of each cost incurred, including but not limited to costs of copying, scanning, data processing, vendor charges for ESI processing, and the reasonable costs of personnel time devoted to collecting, reviewing, and organizing responsive documents. The parties are encouraged to confer in good faith regarding the scope and method of production in order to minimize costs.
VII. PENALTIES FOR NON-COMPLIANCE
PLEASE TAKE NOTICE that failure to comply with this subpoena may subject Broadreach Intermediaries Inc. to penalties and sanctions as provided by law. Pursuant to CPLR 2308(a), if this subpoena is not complied with and the subpoenaed party fails to move to quash or modify the subpoena pursuant to CPLR 2304, the issuing party may move before the Court for an order compelling compliance. The Court may, upon such motion, hold the non-compliant party in contempt and impose such penalties as the Court deems just and appropriate, including but not limited to fines, costs, and attorneys' fees incurred in connection with the motion to compel.
Pursuant to CPLR 2308(b), if a non-party upon whom a subpoena is served fails without adequate excuse to comply with the subpoena, the non-party may be compelled to obey the subpoena by warrant directed to the sheriff, or by contempt proceedings, and shall be liable for a penalty not to exceed One Hundred Fifty Dollars ($150.00) and damages sustained by reason of the failure to comply.
Nothing herein shall be construed to limit QC&S's right to seek additional relief, including the right to move for sanctions pursuant to CPLR 3126 in the event of spoliation or destruction of evidence, or to seek such other and further relief as the Court deems just and proper.
VIII. SIGNATURE BLOCK AND ATTESTATION
This Subpoena Duces Tecum is issued by the undersigned attorney, an attorney admitted to practice in the courts of the State of New York, pursuant to CPLR 2302(a).
DATED: New York, New York
________________________________________
(Date to be inserted)
CALDERWOOD & HARKNESS LLP Attorneys for Defendant/Respondent Quorum Casualty & Surety Company
By: ________
Jeffrey Park, Esq. Lead Associate Calderwood & Harkness LLP One Liberty Plaza, 55th Floor New York, New York 10006 Telephone: (212) 558-4000
Email: jpark@calderwoodharkness.com
Calderwood & Harkness Matter No. 1025-00005
EXHIBIT A PROOF OF SERVICE
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK COMMERCIAL DIVISION
AFFIDAVIT OF SERVICE
STATE OF NEW YORK COUNTY OF ________________
______, being duly sworn, deposes and says:
1. I am over the age of eighteen (18) years and not a party to this action.
2. On ______ (date), I served a true and correct copy of the Subpoena Duces Tecum to Non-Party Broadreach Intermediaries Inc. Pursuant to CPLR 3120, together with the witness fee and mileage required by CPLR 2303(a), upon:
Broadreach Intermediaries Inc. 100 Wall Street, 18th Floor New York, New York 10005
Attention: James "Jamie" Castellano, Account Executive
3. Service was effected by the following method (check one):
Personal Service (CPLR 308(1)): by delivering a true and correct copy of the subpoena and accompanying documents to ______ (name of individual served), who identified himself/herself as ____ (title/position) of Broadreach Intermediaries Inc., at the above address, at approximately _ (time), on _____ (date).
Service by Certified Mail, Return Receipt Requested: by depositing a true and correct copy of the subpoena and accompanying documents, enclosed in a postpaid, properly addressed, sealed envelope, in an official depository under the exclusive care and custody of the United States Postal Service, addressed to Broadreach Intermediaries Inc. at the above address, via certified mail, return receipt requested, on ______ (date). The certified mail receipt number is: ______. (Attach return receipt when received.)
________________________________________
(Signature of Process Server / Affiant)
Name (Print): ________
Address: ________
________________________________________
License No. (if applicable): ________
Sworn to before me this __ day of ____, 20__
________________________________________
Notary Public My commission expires: ______
EXHIBIT B WITNESS FEE AND MILEAGE
Pursuant to CPLR 2303(a), a witness fee and mileage payment, if an appearance is required, has been tendered with service of this subpoena. The witness fee has been calculated in accordance with the requirements of CPLR 8001, which provides for a fee of Fifteen Dollars ($15.00) per day and Twenty-Three Cents ($0.23) per mile for travel to and from the place of attendance.
The following witness fee and mileage have been tendered:
Note: If Broadreach Intermediaries Inc. elects to produce documents in lieu of a personal appearance, in accordance with the provisions of Section II.A of this subpoena, no personal appearance will be required, and the tendered witness fee shall be returned or disregarded. In the event that a personal appearance is subsequently required, a supplemental witness fee and mileage payment shall be tendered in accordance with CPLR 2303(a) and CPLR 8001.
CONFIDENTIAL — This Subpoena Duces Tecum and all accompanying documents are issued in connection with pending or anticipated litigation. Nothing contained herein shall be construed as a waiver of any privilege, protection, or right, including the attorney-client privilege and the work product doctrine. Calderwood & Harkness LLP Matter No. 1025-00005.
PINNACLE ATLANTIC REINSURANCE LTD.,
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