Exhibit D - Amazon Simple Storage Service · Honorable Anthony J. Dolce January 13, 2015 Page Two (6) Ralph Drury v. Singing River Health Services, et al, No, 2015-000lNH (7) Brenda

CUMBEST, CUMBEST, HUNTER & McCORMICK, P.A. ATTORNEYS AT LAW

P.O. Box 1287 729 WAITS AVENUE

PASCAGOULA, MlSSISS/PP/ 39568-1287 [email protected]

JO/IN L. HUNl'ER

DAVJd O. McCORMICK

A. SCOTT CUMBSS'I'

HAI.SEY N. CUMBEST

ARVIS 11. "SID" CUMBEST (1929-2012)

January 13, 2015

MIC/fEUE L. WARD (Admitted in MS, AL & D.C.)

Honorable Anthony J. Dolce Chubb Specialty Insurance 82 Hopmeadow Street Simsbury, CT 06070

Re: My client: Michael Tolleson Claim No. 345799

Dear Tony:

TELEPf!ON££

(228) 762-5422

FACSIMILE

(228) 762-4864

This will confirm our previous telephone conversation wherein you consented to my representation of Michael Tolleson contingent upon receipt of my Curriculum Vitae and billing rates.

A copy of my Curriculum Vitae is enclosed for your perusal. I will bill at the rate of per hour, the rate of per hour on behalf of my paralegal, plus expenses.

Cases filed to date are as follows:

(1) Thomas Jones et al v. Singing River Health Service, et al, No. 1:14cv00447KS/RHW

(2) Cynthia N. Almond v. Singing River Health Services, et al, No. 2014-2653NH

(3) Maury Thompson v. Singing River Health Services, et al, No. 2014-2695NH

14) Howard Bosarge v. Singing River Health Services, et al, No. 2014-2729NH

(5) Kitty Patricia Aguilar v. Singing River Health Services, et al, No. 2014-2753NH

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Exhibit D

SRHS/SRHSF Answer/CC100017

Case 1:15-cv-00236-LG-RHW Document 13-5 Filed 08/14/15 Page 1 of 25

Honorable Anthony J. Dolce January 13, 2015 Page Two

(6) Ralph Drury v. Singing River Health Services, et al, No, 2015-000lNH

(7) Brenda Jean Eiland v. Singing River Health Services, et al, No. 2015-0030NH

(8) Donna B. Broun, et al v. Singing River Health System, et al, No. 2015-0027NH

Also, please advise whether you wish me to bill separately for each individual case, or to include all together.

If you have any questions in this regard, do not hesitate to contact me.

JLH/rp Enclosure

Very truly yours,

CUMBEST, CUMBEST, HUNTER & McCORMICK, P.A.

2;L~u~



Reba Parsley

From: Sent: To: Cc: Subject:

John/Reba,

[email protected] Friday, January 16, 2015 3:32 PM Reba Parsley John Hunter Re: Michael Tolleson

Thank you for the letter. We agree to your retention for Michael Tolleson, subject to the rates you reference and your adherence to our litigation management guidelines, which I previously sent you. I noticed that we do not have a copy of the Drury matter that you reference In your letter, can you please email a copy to me? Lastly, you can send the bills to us electronically at: [email protected]. You do not need to separate the bills out by matter, and you should reference claim # 345799. Thanks, Tony

c:::::· Anthony J. Dolce, Esq. • Assistant Vice President I Territory Technician• Clalms •Chubb Group of Insurance Companies

CHUll!Jliil 62 Hopmeadow Street• Simsbury, CT 06070 •Phone: 660-406-2281 •Fax: 860-408-2381 • adolce@chubb,com

Follow us:

Qllil ..... www.chubb.com

1 SRHS/SRHSF Answer/CC100019


c: CHUlil&I

January 28, 2015

Attorney Andrea Kimball Dentons US LLP 4520 Main Street, Suite 1100 Kansas City, MO 64111-7700

Sent Via Electronic

RE: INSURED: POLICY NO: CLAIM NO: POLICY TYPE: WRITING COMPANY: DEDUCTIBLE: SUBJECT:

Dear Attorney Kimball:

Chubb Group or Jn~urance Companies 82 Hopmeadow Street P.0, Box 2002 Simsbury, CT 06070-7683 Phone: 860.408,2000 •Fax: 860.408.2244 www.chubb.com

Singing River Health System 8211-9592 343260 Health Care Portfolio Federal Insurance Company $10,000.00 Cynthia N. Almond

Your firm has been retained to defend Singing River Health Entities in the referenced matter subject to the Policy Deductible Amount, Limits of Liability and other Policy terms and conditions. Any defense fees, costs, etc., incurred within the deductible, will be the responsibility of the insured.

Please be advised that your contact at the insured is Celeste Oglesby, and she can be reached at either (228) 497-7944 or [email protected]. Please confirm that you have made initial contact with the insured within 24 hours of assigrunent.

Upon your review of this matter, please contact me to discuss development of an appropriate defense strategy for this matter. Additionally, please adhere to the attached Litigation Management Guidelines which set forth reporting and billing requirements, including, but not limited to, required information and documentation to be provided to the undersigned. Please ensure that all persons working on this matter have reviewed our Guidelines. Please note that we prefer to receive all future correspondence via email whenever possible. In line with such guidelines, we require an initial assessment and budget utilizing the attached forms to be completed and returned by February 28, 2015. We request that these fotms be updated on a quarterly basis at a minimum.



Page 2

Also, please make certain that your finn adheres to the following requirements:

• Reference Claim No. 343260 on all correspondence;

• In order to avoid any delay in processing payments of your finn 's billing, please ensure that all invoices associated with the defense of this matter are submitted quarterly and electronically to Chubb's Litigation Cost Management Group, at nonpane!Ciil.chubb.com, Please ensure your email contains in the subject line the claim number and Claim Examiner name. Please provide a copy of this letter to your billing department and request that they use the information on the caption of this letter in completing the header field infonnation on the electronic invoice. If you have any questions in this regard, please contact the LCMG at 800-472-5219 or at [email protected].

• We have agreed that the case will be staffed by the following professionals at the identified hourly rates for the duration of the case:

Attorney Andrea Kimball/Attorney Martin Moderson/

Attorney Angela Miller/Attorney Carly Duvall/Attorney Michele Hall/

• Charges for services by outside vendors, including contract attorneys, may be forwarded directly to the Chubb claim representative for payment. If external expenses are paid by the firm, the firm will be reimbursed at its actual cost. These expenses must be itemized and include (a) the name of the vendor, (b) the date incurred and (c) a specific description of the expense. Back-up documentation will be provided to Chubb upon request.

• Professional Services. Counsel will consult with and obtain approval from the Chubb claim representative prior to incurring expenses for c-discovery vendors, experts, consultants, investigators, temporary attorneys, outside paralegals, or other professional services.

• As to mediations, arbitrations and/or settlement conferences, we expect the examiner will be consulted on the scheduling of a specific date, as well as the mediator/arbitrator. Further, that a current risk assessment is tu be provided no later than 30 days in advance of such events.

In certain cases, defense counsel will be required to assist us as the Insurer in complying with our federal reporting obligations under Section 111 of the Medicare, Medicaid & SCHJP Extension Act of 2007 ("Section 111 '', codified at 42 U.S.C. § 1395y(h)(8)). Section 111 requires liability, no-fault, and workers' compensation insurers (as these tem1s are defined by the Medicare regulations and including self-insured entities) to report to the federal government certain claims payments they make to Medicare-eligible individuals. If applicable, Defense counsel will be required to obtain from the claimant personal information necessary lo determine or confirm the claimant's Medicare enrollment status. This obligation may entail inco'llorating specified questions into discovery requests and depositions and tht: use of specific settlement and release language that addresses Section 111 obligations.

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Based upon the allegations raised in this matter, we do not believe the MMSEA obligations are applicable, Ple11se advise if you disagree or future if developments would require us to reevaluate this position.

We look forward to working closely with you in the defense of this matter. Jfyou have any questions or concerns, please do not hesitate to contact me at (860) 408-2316 or [email protected].

Please returJI the Case Assessment, Litigation Budget and an executed copy of the attached Attorney Acknowledgement confirming your receipt and review of the information contained herein to Paul Douglas at [email protected].

Also please ensure that you copy CTA Danielle Rankin on all correspondence in regards to this matter. Danielle Rankin can be contacted via telephone at (860) 408-2733 or by email at [email protected].

Very truly yours,

Claim Regional Technician Direct Dial: (860)408-2316 Fax: (860)408-2851 E-mail: [email protected]

cc: Celeste Oglesby, Esq. Singing River Health System 2012 Highway 90, Suite 34 Gautier, MS 39553

Attachments: Attorney Acknowledgement Litigation Management Guidelines Litigation Budget Case Assessment



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Litigatiou Mauagement Letter Acknowledgement

TO: Paul Douglas/[email protected]

RE: JNSURED: POLICY NO: CLAIM NO: POLICY TYPE: WRITING COMPANY: DEDUCTIBLE: SUBJECT:


I confirm that I received and reviewed the contents of this letter as well as the Litigation Management Guidelines and agree to adhere to the same.

Signature:-------------------

Date: ---



Litig11tion Management· Letter Acknowledgement




I confirm that1 received and reviewed the content of this letter as well as the Litigation Management Guidelines and agree to adhere to the same, only to the extent same does not conflict with and is not inconsistent with my role as Moeller counsel for Hugo Quintana, M.D. 1

Name:

' Signature: · ~ --==~z:_;;·

Date: J,.-/lf ~ )#1.f

1 A 1996 cnse he11rd by the Ml:;sim1ippi Supreme Co~ut r6Soltiul in il very Jmpmt1u1t µrccc<lcnt. Jn Moe/lf'.r v. Ame1'fcan Ot1ui·a111y m1J L/QfJ/tJty Jn.rurui1ce Company, the-1.'iourt acknowledged lhc cu11flicl of interest tl\RI exists whun m1 ins1uei tlclbnds a lt1\'Y~mH under its rt;\!etvatlrnt of Jightli. EssontinUy, the \)roblem tcoognize<I WDS that tlw ~nsmcr coul<l gain access lo confl<.lcnlinl inibrmation aboul il.s iusurcd and lcvcrngc thol infonnoilion lnt'-"r hl ii claim denial Q.f i;ovcragc cleniid. Tl1c groundbrcnking tnling in this c~ was th.al U!\ i111rnrc-rl p1nly facine n Jttwsuit mu! being defi:nded by nn in:-rnnmce co1ni:i:u1y undct ll rescrvntlcm of righl~ ~ entitlt!tl to chom;e t.:illll\."i~I rcpri::ire1ttin~ ~lnly tln:ir inte1e:i:t. The in!'turuJ'lce com11imy is ob!i~hxl lo paying cl1osct1 counsel ibr what hfls since beoome know11 as "Mordler Counsel",



IC: CHUBB

January 22, 2015

Attorney Stephen G. Peresich

<l:iubb Greup ofIR.'lurance Comp.a.alH ~21.Y,pmcar:low Stroct P.O. Boit 2002 Simsbuey, C'l' O<iO'i'0-7683 l'hona: 860.408,2000 •Fox: 1160,40b':2;?44 www.ububb.cmn

Page, Mannino, Peresich & McDermott PLLC 759 Vielllf Marche' Mall Biloxi, MS 39533

Sent Via Electronic

RE: INSURED: POLICY NO: CLAIM NO: POLICY 1YPE: WRITING COMP ANY: DEDUCTIBLE: SUBJECT:

Dear A1tom ey Peresich:

Singing River Henlth System 8211-9592 343260 Health Care Portfolio Federal Insurance Company $10,000.00 CynthiaN. Almond

Your fi1m has been retained to defend Dr. Hugo Quintana in the referenced matter subject to the Policy Deductible Amount, Limi1l; of Liability and o1her Policy terms and conditions. Any defense fees, costs, etc., incurred wi1hin the deductible, will be lhe responsibility of the insured.

Upon your review of this matter, please contact me to discuss development of an appropriate defense strategy for this matter. Additionally, please adhere to the attached Litigation Management Guidelines which set forth reporting and billing requirements, including, but not limited to, required information and documentation to be provided to the undersigned Please ensure that all persons working on llris matter have reviewed our Guidelines. Please note that we prefer to receive all future corresporu.lence via email whenever possible.

Also, pk:ase make certain tbat your firm adheres to the following requirements:

• Reference Claim No. 343260 on all conyspondence;

• In order to avoid any delay in processing payments of your ft1m's billing, please ensure that all invoices ruIBociuted with the defense of this matter are submitted quarterly and electronically to Chubb's Litigation Cost Management Group, at [email protected]. Please ensure your email contains in the subject line the claim number and Claim &aruiner name. Please provide a copy of this le!ter to your billing department and request that 1hey use 1he information on the caption of this letter in completing the header field info1mation on the electronic invoice.



Page2

If you have a11y questions in this regard, please contact the LCMG at 800-472· 5219 or at [email protected].

• We have agcoed that 1he case will be staffed by the following professionals at the identified hourly rates for the duration of the case:

Attorney Stephen G. Peresich/Paralegal(s) -

• Charges for services by outside vendors, including contrad attol'neys, may be forwarded directly to the Chubb claim representative for payment. If external expenses are paid by the firm, the firm will be reimbursed at its actual cost. These expenses must be itemized and include (a) the name of the vendor, (b) the date incurred and ( c) a specific description of the expense. Back-up documentation will be provided 1o Chubb upon request.

• Professional Services. Counsel will consult with arul obtain approval from the Chubb claim representative prior to incurring expenses fore-discovery vendors, experts, consultants, investigators, temporacy attorneys, outside paralegals, or other professional services.

• As to media.lions, arbitndions and/or settlement confe1·ences, we expect the examiner will be consulted on the scheduling of a specific date, as well as the mediator/arbitrator, Ful'ther, that a current lisk assessment is to be provided no later than 30 days in rulvance otsucl1 events.

In certain cases, defense counsel will be required to assist us as the Insurer in complying with our federal reporting obligations under Section 111 of the Medicare, Medicuid & SCHIP F.xlension Act of2007 ("Section 111", codified at 42 U.S.C. § 1395y(b)(8)). Section 111 requires liability, no-fault, and workers' compensation insurers (as these terms are defined by the Medicare regulations and including self-insured entities) to reporl to the federal government certain claims payments they make to Medicnre-eligible individuals. If opplicuble, Defense counsel will be required to obtain from the claimant personal information necessary lo determine or confirm the claimant's Medicare enrnllment status. This obi igation may entail incorporating specified questions into discovery requests and depositions and the use of specific settlement and release language that addresses Section 111 obligations.

Dased upon the allegations raised in this matter, we do not believe the MMSEA obligations are applicable. Please advise if you disagree or future if developments would require us to reevllluate this position.

We look forward to working closely with you in the defense of this matter. Jfyou have any questions or concerns, please do not hesitate to contact me at (860) 408-2316 or [email protected].

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Please retum an executed copy of the attached Attorney Aclmowledgement con6rml11g your receipt and review of the infonnation contained herein to Paul DouglHs at [email protected].

Also please ensure thnt you cbpy CTA Danielle Rankin on all correspondence in regards to this matter. Danielle RJmkin can be contacted via telephon5 at (860) 408-2733 or by email at [email protected].

Very truly yours,

Plllll P. Douglas Claim Regional Teclmician Direct Dial: (860)408-2316 Fax: (860)408-2851 E-mail: [email protected]

Attachments: Attorney Acknowledgement Litigation Management Guidelines



From: Patrick R. Buchanan [mailto:[email protected]] Sent: Wednesday, July 15, 2015 10:51 AM To: [email protected] Cc: Celeste Oglesby <[email protected]> Subject: Almond v. Singing River Hospital System (Lee Bond); Claiim No. 352846

Ms. Fisher:

We are representing Lee Bond in this matter. Celeste Oglesby has asked that we send our invoices for payment to you. Please let me know the address to where we should send our invoices. If you would prefer we e-mail them to you at this e-mail, please let me know. We look forward to working with you.

Pat

Patrick R. Buchanan BROWN BUCHANAN P.A.

BILOXI OFFICE 234 Caillavet Street, Suite 100 P.O. Box 1377 Biloxi, MS 39533 228.374.2999 (office) 228.435. 7090 (facsimile)

PASCAGOULA OFFICE 717 Convent Avenue P.O. Box 2220 Pascagoula, MS 39569 228.762.0035 (office) 228.762.0299 (facsimile)

e-mail: [email protected]

web address: www.brownbuchanan.com



From: "Patrick R. Buchanan" <[email protected]> Date: July 22, 2015 at 2:33:57 PM CDT To: <[email protected]> Cc: 'Lee Bond' <[email protected]>, 'Celeste Oglesby' <[email protected]>, <[email protected]>, 'Sharon Goff <[email protected]> Subject: Almond v. Singing River Hospital System (Lee Bond) - Claim 357963

Rich:

Attached is our Invoice for services rendered in June 2015. Please note that the previous balance on this Invoice, , was paid directly to us by SRHS. The balance currently owed to us is

I do not know how you want to handle the payment of the . You could reimburse that directly to SRHS, or you could pay us the entire amount on this Invoice,

1

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, and we can reimburse SRHS. Please let me know how you would like to handle this issue.

On behalf of the Brown Buchanan team, I look forward to working with you on the defense of Lee Bond.

Pat

Patrick R. Buchanan BROWN BUCHANAN P.A.

BILOXI OFFICE 234 Caillavet Street, Suite 100 P.O. Box 1377 Biloxi, MS 39533 228.374.2999 (office) 228.435.7090 (facsimile)

PASCAGOULA OFFICE 717 Convent Avenue P.O. Box 2220 Pascagoula, MS 39569 228.762.0035 (office) 228.762.0299 (facsimile)

e-mail: [email protected]

web address: www.brownbuchanan.com

From: [email protected] [mailto:[email protected]] sent: Wednesday, July 22, 2015 2:11 PM To: [email protected] Cc: [email protected] Subject: Re: Almond v. Singing River Hospital System (Lee Bond) - Claim 357963

Thanks Sheila.

Yes, Pat, please email your bills directly to me.

Rich

Richard F. Nace, Jr., Esq. j Assistant Vice President I Chubb Group of Insurance Companies

62 Hopmeadow Street I Simsbury, CT 06070 l'B: 660.406.2959 I i3J: 660.406.24641l:660.652.5196 I l8i: [email protected]

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OHUBB

January 28, 2015

Attorney Roy C. Williams Dogan & Wilkinson, PLLC 734 Delmas A venue Pascagoula, MS 39568

Sent Via Electronic


Dear Attorney Williams:

Chubb Group of Insurance Companies 82 Hopmeadow Street P.O. Box 2002 Simsbury, CT 06070-7683 Phone: 860.408.2000 •Fax: 860.408.2244 www.chubb.com


Your firm has been retained to defend Singing River Entities in the referenced matter subject to the Policy Deductible Amount, Limits of Liability and other Policy terms and conditions. Any defense fees, costs, etc., incurred within the deductible, will be the responsibility of the insured.

Please be advised that your contact at the insured is Celeste Oglesby, and she can be reached at either (228) 497-7944 or [email protected]. Please confirm that you have made initial contact with the insured within 24 hours of assignment.

Upon your review of this matter, please contact me to discuss development of an appropriate defense strategy for this matter. Additionally, please adhere to the attached Litigation Management Guidelines which set forth reporting and billing requirements, including, but not limited to, required information and documentation to be provided to the undersigned. Please ensure that all persons working on this matter have reviewed our Guidelines. Please note that we prefer to receive all future correspondence via email whenever possible. In line with such guidelines, we require a budget utilizing the attached forms to be completed and returned within 45 days. We request that these forms be updated on a quarterly basis at a minimum.



Page 2

Also, please make certain that your firm adheres to the following requirements:

• Reference Claim No. 343260 on all correspondence;

• In order to avoid any delay in processing payments of your firm's billing, please ensure that all invoices associated with the defense of this matter are submitted quarterly and electronically to Chubb' s Litigation Cost Management Group, at [email protected]. Please ensure your email contains in the subject line the claim number and Claim Examiner name. Please provide a copy of this letter to your billing department and request that they use the information on the caption of this letter in completing the header field information on the electronic invoice. If you have any questions in this regard, please contact the LCMG at 800-472-5219 or at [email protected].

• We have agreed that the case will be staffed by the following professionals at the identified hourly rates for the duration of the case:

Attorney Roy C. Williams Others/TBD

Senior Partner( s) -Partner(s)

-Associate(s) -Paralegal(s)

• Charges for services by outside vendors, including contract attorneys, may be forwarded directly to the Chubb claim representative for payment. If external expenses are paid by the firm, the firm will be reimbursed at its actual cost. These expenses must be itemized and include (a) the name of the vendor, (b) the date incurred and (c) a specific description of the expense. Back-up documentation will be provided to Chubb upon request.

• Professional Services. Counsel will consult with and obtain approval from the Chubb claim representative prior to incurring expenses for e-discovery vendors, experts, consultants, investigators, temporary attorneys, outside paralegals, or other professional services.

• As to mediations, arbitrations and/or settlement conferences, we expect the examiner will be consulted on the scheduling of a specific date, as well as the mediator/arbitrator. Further, that a current risk assessment is to be provided no later than 30 days in advance of such events.

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In certain cases, defense counsel will be required to assist us as the Insurer in complying with our federal reporting obligations under Section 111 of the Medicare, Medicaid & SCHIP Extension Act of2007 ("Section 111 ",codified at 42 U.S.C. § 1395y(b)(8)). Section 111 requires liability, no-fault, and workers' compensation insurers (as these terms are defined by the Medicare regulations and including self-insured entities) to report to the federal government certain claims payments they make to Medicare-eligible individuals. If applicable, Defense counsel will be required to obtain from the claimant personal information necessary to determine or confirm the claimant's Medicare enrollment status. This obligation may entail incorporating specified questions into discovery requests and depositions and the use of specific settlement and release language that addresses Section 111 obligations.

Based upon the allegations raised in this matter, we do not believe the MMSEA obligations are applicable. Please advise if you disagree or future if developments would require us to reevaluate this position.

We look forward to working closely with you in the defense of this matter. If you have any questions or concerns, please do not hesitate to contact me at (860) 408-2316 or [email protected].

Please return the Case Assessment, Litigation Budget and an executed copy of the attached Attorney Acknowledgement confirming your receipt and review of the information contained herein to Paul Douglas at [email protected].

Also please ensure that you copy CTA Danielle Rankin on all correspondence in regards to this matter. Danielle Rankin can be contacted via telephone at (860) 408-2733 or by email at [email protected].

Very truly yours,

Paul P. Douglas Claim Regional Technician Direct Dial: (860)408-2316 Fax: (860)408-2851 E-mail: [email protected]

cc: Celeste Oglesby, Esq. Singing River Health System 2012 Highway 90, Suite 34 Gautier, MS 39553

Attachments: Attorney Acknowledgement Litigation Management Guidelines Litigation Budget Case Assessment



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Litigation Management Letter Acknowledgement




I confirm that I received and reviewed the contents of this letter as well as the Litigation Management Guidelines and agree to adhere to the same.

Signature:--------------------

Date: ---



Donald Dornan

From: Sent: To: Subject: Attachments:

Mr. Dornan:

[email protected] Wednesday, February 18, 2015 4:37 PM Donald Dornan Re: FW: Broun vs SRHS et al; Jones vs SRHS et al 343260-04.pdf; 343260-03.pdf; 343260-02.pdf

#343260?

As per our discussion of this afternoon, Federal Insurance Company will consent to your representation of Michael Crews in this matter. I'll send out our litigation management guidelines shortly. There is no need to prepare a formal initial analysis or budget at this time and we can talk through those issues when you get your arms around this matter.

In the meantime, please find the coverage correspondence that Federal has issued to date.

Regards, Paul

(See attachedfile: 343260-04.pdf)(See attached file: 343260-03.pc{O(See attachedfile: 343260-02.pdf)

Paul Douglas Regional Claim Technician Boston Claim Region, Specialty Claims

Chubb & Son, a cllvtslon of Federal Insurance Company 82 Hopmeadow St~et; Simsbury, CT 06070-7683 Phone: 860.406.23161 Cell: 860.539.69281 [email protected]

Follow us: Facebook - Pinterest ~ Ri~CQnversation - Twlttei:-Y.ru.!JJJQ~

IC CHUBB

This email (which includes any attachments) is intended lo be read only by the person(s} to whom it is addressed. This email may contain confidential, proprietary information and may bee r:;;onfidential attorney-client communication, exempt from disclosure under applicable law. If you have received this emaiJ In error, do not print it, forward it or dlsseminate or use it or its oontents. In such evenl, please notify the sander by return email (or by phone at the number shown above) and delete the email file immediately thereafter. Thank you for your cooperation.

' Donald Dornan --02/10/2015 11 :09:05 AM---Paul, I have been directed to you as the claim person handling these cases. I have forwarded my ear

From: Donald Doman <ddoman@doman~law.c.om>

To: "[email protected]" <[email protected]>

Data: 02/101201511:09AM

Subject FW: Broun vs SRHS et al: Jones vs SRHS et al #343260?

I have been directed to you as the claim person handling these cases. I have forwarded my earlier correspondence on behalf of



Michael Crews below.

Regards, Don Dornan

From: Donald Dornan Sent: Tuesday, February 10, 2015 10:01 AM To: '[email protected]' Cc: [email protected] Subject: Broun vs SRHS et al; Jones vs SRHS et al #343260?

Dear Cherie,

We were given your name and contact information by Brett Wiiiiams. We have been asked by Michael Crews to represent his Interests in the above suits of which you are aware no doubt aware. Mr. Crews is the retired former CFO of the Singing River entities. On his behalf, we are requesting that Chubb & Son consent to our retention as his defense counsel under the Chubb (Federal) policy in these cases. There is a third case in which he has been named (Lay) but service has not been made.

We are familiar from other cases with the Chubb guidelines along with your Budget and reporting requirements. Please consider and confirm our retention and terms of engagement so we can proceed to protect our client in these matters.

Thank you for your attention and timely response.

Don Dornan

DONALD C. DORNAN, JR. Dornan Law Office, PLLC Post Office Box 117 Gulfport, MS 39502 228-575-9882 228-374-2250 (Fax)

Biloxi Post Office Box 154 Biloxi, MS 39533 228-374-2013 www.dornan-law.com

DORNAN I.AW OFFICE. Pl.LC 11----..... _

ATI'ORNEYS AT LAW

**********PRIVILEGED AND CONFIDENTIAL••••••••••

This electronic message transmission contains information from Dornan Law Office, PLLC which is privileged, confidential or otherwise the exclusive property of the intended recipient or Dornan Law Office, PLLC. This information is intended for the use of the Individual or entity that is the intended recipient. If the reader of this message Is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message.



From: Sent: To:

Campbell, Roy [[email protected]] Wednesday, January 21, 20154:15 PM '[email protected]'

Cc: Hargrove, John Subject: Singing River Pension Cases/Chris Anderson Attachments: National Federation of State High School Associations.pdf

Paul-

As reflected in Chubb's attached engagement letter (in the unrelated class action matter I mentioned that our firm is handling-Chubb's claim #323351) our rates are:

• Me (partner}

• Associate • Paralegal

Although those rates were agreed to by this firm a year ago, subject to my firm's agreement I believe we could abide by those same rates in handling this class action matter, at least for the next 12 months. I understand that you will forward this to Chubb's relationship manager who deals with our firm and he can discuss this with our firm's relationship partner, John Hargrove.

Thanks in advance for your attention to this.

Roy

BRADLEY ARANT SOULT CUMMINGS

Roy D. Campbell, ill Partner

Phone 601-592-9934 Cell 601-291-2590 Fax 601-592-1434 Email [email protected]

One Jackson Place 188 E. Caprtol Street, Suite 400 Jackson, MS 39201

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BRYAN, NELSON, SCHROEDER, CASTIGLIOLA & BANAHAN, PLLC

ATTORNEYS AT LAW 1103 JACKSON AVENUE

POST OFFICE DRAWER 1529 PASCAGOULA, MISSISSIPPI 39568-1529

Of Counsel VINCENT J. CASTIGLIOLA, JR. JOHN A. BANAHAN H. BENJAMIN MULLEN' MATTHEW E. PERKINS JESSICA B. McNEEL GALEN J. WILLS' MICHAEL R. MOORE'

TELEPHONE (228) 762-6631

FAX (228) 769-6392

ERNEST R. SCHROEDER BETTY CAROLINE CASTIGLIOLA

'A/so Admitted In Alabama

January 5, 2015

SENT VIA EMAIL: [email protected]

Paul Douglas Chubb and Son, a division of Federal Insurance Company 82 Hopmeadow Street Simbury, CT 06070-7683

RE: Stephen J. Nunenmacher, M.D. Our File Number: 15-21,709 Policy Number: 8211-9592

Dear Mr. Douglas:

E. S. NED NELSON 1928 -1985

JOHN F. BRYAN, Ill 1915 -1994

Please be advised that I am representing Stephen Nunenmacher, M.D. with regard to a number of lawsuits pending in the Chancery Court of Jackson County, Mississippi or the United States District Court for the Southern District of Mississippi. I do not have copies of the complete Complaints, but enclose the cover sheets for each of these Complaints naming Dr. Nunenmacher. Dr. Nunenmacher has been sued in his capacity as a member of the Board of Trustees of Singing River Health System, due to his role as an ex officio member of that Board as Chief of Staff.

To date, Dr. Nunenmacher has not been served with a Summons in any of these proceedings. I am forwarding this letter to you as compliance with his responsibility to timely report notice of a claim pursuant to Federal Insurance Company Policy Number 8211-9592. Dr. Nunenmacher became aware of the various Complaints over the last few weeks. I understand that you may have already received notice of these claims from the insured organization, or other insureds, but provide this notice as a precaution and as a demand for coverage under your policy on behalf of my client Stephen Nunenmacher, M.D.



Paul Douglas January 5, 2015 Page 2

Please copy me on any correspondence to Dr. Nunenmacher and advise me of any reservation of rights or limitation of the coverage that may be afforded to Dr. Nunenmacher under the aforementioned policy. I look forward to hearing from you after you have a chance to review this request for coverage and also stand ready to provide you with any additional information that you may need to complete your investigation of these claims.

JAB:ekm Enclosure

Sincerely yours,

John A. Banahan

cc: Stephen J. Nunenmacher, M.D. (via email) Celeste R. Oglesby (via email) Brett K. Williams (via email) Troy Wagener (via email)



BRYAN, NELSON, Vincent J. Castigliola, Jr.

SCHROEDER, John A. Banahan H. Benjrunin Mullen*

CASTIGLIOLA~ Matthew E. Perkins Jessica B. McNeel

BANAHAN , Calen J. Wills' Michael R. Moore*

Attorneys at Law *Admitted in Alaban1a

March 3, 2015

SENT VIA EMAIL: [email protected]

Paul Douglas Chubb and Son, a division of Federal Insurance Company 82 Hopmeadow Street Simbury, CT 06070·7683

RE: Insured: Singing River Health System Our File Number: 15·21,709 Policy Number: 8211·9592 Claim Number: 343260

Dear Paul:

Of Counsel

Ernest R. Schroeder Betty Caroline Castigliola

E.S. Ned Nelson 1928-1985

John F. Bryan, l1l 1915-1994

I am writing in response to your letter of March 2, 2015. I am representing Drs. Bydalek, Descher, Nunenmacher, Vice, and Washington in the Regina Cobb and Virginia Lay cases. I am representing Dr. Nunenmacher in the Aguilar, Almond, Bosarge, Broun, Drury, Eiland, Jones, and Thompson cases. As other cases are filed regarding the Singing River Health System pension litigation, I will be responding on behalf of the above named individuals.

With regard to each of the individual doctors and consistent with our earlier conversation, a Motion to Dismiss or in the alternative Motion for Summary Judgment will be filed at the first opportunity. We are currently waiting on some documentation from SRHS to support our dispositive motions.

I am enclosing a copy of the Answer we filed on behalf of Dr. Nunenmacher in the Donna Broun case. I am also forwarding a copy of the Answer we filed on behalf of all five of the individuals named above in the Virginia Lay case. The Answer for all five doctors in the Regina Cobb case will be filed tomorrow and you will receive a copy of same.

I also enclose as requested a copy of the Litigation Management Acknowledgment letter. I am executing this letter with the understanding that in light of Chubb's reservation of rights there may be information as well as documentation that I cannot share with Chubb based on your reservation of rights

1103 Jackson Avenue · Post Office Box 1529 · Pascagoula, MS 39568-1529

p. (228) 762-6631 · f (228) 769-6392 · www.bnscb.com SRHS/SRHSF Answer/CC100040


Paul Douglas March 3, 2015 Page Two

and my role as Moeller counsel for the above referenced physicians. With this understanding, I am enclosing the executed Litigation Management Acknowledgment letter as requested. If you need any additional information regarding my retention to represent Drs. Bydalek, Descher, Nunenmacher, Vice, or Washington, please let me know.

With kindest regards, I remain

JAB:ekm Enclosures

Sincerely yours,

John A. Banahan

Cc: Martin B. Bydalek, M.D. (via email w/enc.) William C. Descher, M.D. (via email w/enc.) Stephen J. Nunenmacher, M.D. (via email w/enc.) Joseph P. Vice, M.D. (via email w/enc.) Eric G. Washington, M.D. (via email w/enc.)



Documents

Exhibit D - Amazon Simple Storage Service · Honorable Anthony J. Dolce January 13, 2015 Page Two (6) Ralph Drury v. Singing River Health Services, et al, No, 2015-000lNH (7) Brenda