White Tab 103 — Insurance Declination (Great American E&S) — Tier-1 PDF (Facts-Only)¶

GUARDRAIL: WHITE — FACT REPOSITORY ONLY

Facts & source pinpoints only. No strategy, no argument, no legal opinions. All quotations are "as reported" unless exact text appears in a cited source.

A. Purpose (Facts-Only)¶

Document the Great American E&S Insurance Company correspondence regarding the October 2019 G21 incident, preserved as Tier-1 evidence for the record. This tab provides a neutral catalog of two letters, dates, Bates range, and placement in the overall chronology.

Bates range: G21-EVID-008–040 (33 pages)
Source documents: Two letters from Great American E&S to American Package Company (APC)

Carrier Role Mapping (Facts-Only)¶

This tab catalogs CGL / liability-track correspondence and its internal references to a separate property-coverage track:

Great American E&S (CGL / liability track): The two letters in this tab state Great American's coverage position under CGL policies identified below.
Western World (property track reference): The Dec 18, 2019 Great American letter states APC should contact Western World Insurance Company regarding premises damage (commercial property coverage).
Limitation (scope of proof): The Great American letters do not establish whether Western World approved, paid, or disbursed any property-claim proceeds; the Western World correspondence/claim file must be obtained separately (tracked in WT-003).

B. Letter 1: Partial Disclaimer / Reservation (December 18, 2019)¶

Letter Identification¶

Date: December 18, 2019
From: Great American E&S Insurance Company (Great American Insurance Group Tower, 301 E. Fourth St., Cincinnati, OH 45202)
Delivery: Certified mail (R3) and email (ampaco@gmail.com)
To: American Package Company, Inc. (Attn: Martin Kofman), 226 Franklin Street, Brooklyn, NY 11222
Subject/RE: Partial Disclaimer and Reservation of Rights

Claim & Policy¶

Named insureds: American Package Company, Inc.; American Package and Paper Company, Inc.; Martin & Irene Kofman
Claim number: A00253448
Policy number: PL 5599321-14
Policy period: 04/05/2019–04/05/2020
Date of loss (as stated in the letter): 2019-10-14
Loss location: 226 Franklin Street, Brooklyn, NY 11222
Policy form: CGL CG 00 01 (Ed. 04 13); limits and deductible stated in letter

Incident (as stated in the letter)¶

A sprinkler broke at the Premises causing water to flood units "#32; #21; and #22." (Dec 18 letter, p.2 of ~9)

Coverage Position (administrative summary)¶

Status: Partial disclaimer + reservation of rights
Denied: Property damage to premises owned by APC (CGL property-damage exclusions)
Reserved: Potential claims by individual tenants for personal property
Referral: APC should contact Western World Insurance Company for premises damage (commercial property coverage)

Meaning for the Record (scope-of-proof, facts-only)¶

Establishes: Great American's CGL position as of 12/18/2019, including that (per the letter) premises-owned property damage is disclaimed under cited CGL exclusions and that the carrier reserves rights on potential tenant personal-property claims.
Establishes: Great American's letter-level reference that Western World should be contacted for premises-damage coverage.
Does not establish: Whether Western World approved/paid/disbursed any property-claim proceeds (Western World file required).

Exclusions Cited (captioned in letter; pinpointed snippets)¶

Exclusion j — "Damage to Property." Denies coverage for "that particular part of real property on which you… are performing operations" and property "that must be restored, repaired or replaced because 'your work' was incorrectly performed." (Dec 18 letter, Coverage A exclusions — pinpoint p. TBD).
"Organic Pathogens" / Fungi-or-Bacteria-type Endorsement (caption per letter; applies to mold/mildew per text). Letter applies endorsement language barring loss "arising out of the… discharge, dispersal, seepage, migration, release or escape of 'pollutants'…, " noting application to mold/mildew claims. (Dec 18 letter, endorsement section — pinpoint p. TBD).
Contractual Liability (noted as "pending review of lease agreements"). (Dec 18 letter — pinpoint p. TBD).
Damage to Premises Rented to You (not applicable as premises are owned). (Dec 18 letter — pinpoint p. TBD).

Reservation language: The letter states it does not waive or alter policy provisions; it summarizes positions and reserves all rights. (Dec 18 letter, admin section — pinpoint p. TBD).

Open Requests Noted (as of 12/18/2019)¶

Lease agreements between APC and tenants
Information on sprinkler repair/replacement and related damage

Other parties referenced:

Independent adjuster Evan Katz; Western World Insurance Company (property carrier) — referenced as contact.

C. Letter 2: Final Declination / Defense Withdrawal (May 26, 2021)¶

Letter Identification¶

Date: May 26, 2021
From: Dominic M. Pisani, Esq., Tressler LLP, One Penn Plaza, Suite 4701, New York, NY 10119; (646) 833-0876; dpisani@tresslerllp.com
Delivery: Email & certified mail to ampaco@gmail.com
To: American Package Company, Inc.; Martin Kofman (226 Franklin St., Brooklyn, NY 11222)
RE: Christian Gray v. American Package Co., Inc., et al. (the "Gray Action")
CC: Kenneth B. Danielson, Esq. (KDVL); Patricia K. Block (Great American Risk Solutions)

Claims & Policies¶

Claim numbers: A00253448; A00356746
Policy numbers: PL 5599321-14; PL 5599321-15
Policy periods: 04/05/2019–04/05/2020 (-14) and 04/05/2020–04/05/2021 (-15) (per May 26 letter)
Date of loss (as stated in the letter): 2019-10-14

Coverage Position¶

Status: DECLINATION OF COVERAGE
Defense withdrawal date: June 25, 2021 (30 days from letter date)

Meaning for the Record (scope-of-proof, facts-only)¶

Establishes: Great American's stated grounds for declination and defense withdrawal effective 06/25/2021, including that (per the letter) the operative "property damage" is placed in the 2019–2020 policy period and is treated as known before the 2020–2021 policy inception.
Establishes: The carrier's letter-level rationale applying cited exclusions/endorsements based on complaint allegations (as summarized in the letter).
Does not establish: Any property-claim approval/payout/disbursement by Western World; the May 26, 2021 letter addresses Great American's CGL/defense posture.

Grounds (as presented in the letter)¶

2020-2021 Policy Insuring Agreement not satisfied. The letter states that the property damage giving rise to the Gray Action occurred during the 2019-2020 policy period and was known to the insureds before the inception of the 2020-2021 policy. The insuring agreement for the 2020-2021 policy therefore does not apply. (May 26 letter, pp. 5-8; pinpoint TBD).
"Organic Pathogens" / Fungi-or-Bacteria-type endorsement — applied to mold/mildew claims (caption per letter; confirm exact heading from PDF at next sweep). (May 26 letter, pp. 8-9; pinpoint TBD).
Exclusion j — "Damage to Property." (May 26 letter, pp. 9-10; pinpoint TBD).
Expected or Intended Injury exclusion. The letter cites the Gray complaint's Fifth and Sixth Causes of Action, which allege that defendants' "agenda is clearly to refuse to repair/rebuild/remediate the Unit," that the "handling of the flood... was in direct retaliation for plaintiff's refusal to accept a buyout," and that defendants acted "with the specific intent to cause plaintiff to vacate." The letter concludes: "Thus, the Complaint alleges 'property damage' that was both expected and intended by American Package and Kofman." The insurer applied the exclusion based on these complaint allegations. (May 26 letter, pp. 10-11; pinpoint TBD).
Contractual Liability — may apply depending on lease obligations. (May 26 letter, pp. 11-12; pinpoint TBD).

Gray Action references (from the letter)¶

Damages pleaded in the complaint (as quoted in the letter) include amounts "at least $475,000," "at least $600,000," and "at least $575,000" for separate causes. (May 26 letter — pinpoint p. TBD).
Certain requested relief characterized as non-insurable in the letter (e.g., injunctive/declaratory relief; administrative penalties). (May 26 letter — pinpoint p. TBD).

Defense-Counsel Transition Note¶

Letter states APC/Kofman may retain initially assigned defense counsel, but fees/costs after 6/25/2021 are insured's responsibility. (May 26 letter, p. 14–15).

Regulatory line: New York DFS complaint information included in standard form.

D. Chronology & Cross-References¶

Timeline Placement (explicit dates with neutral intervals)¶

Oct 13–14, 2019 (overnight continuity): The flood incident is recorded in White as beginning the night of 10/13/2019 and continuing into the morning of 10/14/2019; Great American's letters list the date of loss as 2019-10-14, consistent with the event remaining ongoing on that date.
Dec 18, 2019 — Initial partial disclaimer/reservation letter (15 days after 12/03/2019 email documenting the "insurance money + buyout" discussion). See WT-102 for the 12/03/2019 email and WT-104 for December 2019 meeting context.
May 26, 2021 — Final declination and defense withdrawal effective 06/25/2021.
These letters appear in G21-EVID-008–040 (33 pp).

Related White Tabs:

WT-101 (COVID storage emails), WT-102 (Email to Counsel, 12/03/2019), WT-104 (Pre-insurance inspection meeting), WT-105 (Alternative housing — Unit F1), WT-106 (Scope: court-ordered vs. executed).

E. Attachment / Archive Notes¶

Primary Source: Insurance coverage declination letters compilation

Insurance_Coverage_Declination_Great_American_ES_Insurance_Company_Letters_to_American_Package.pdf

Bates: G21-EVID-008–040 (33 pp total)
Archive Status: Preserved with Bates stamping. If native PDFs/court-filed versions are later obtained, retain Bates labeling and log the version in WT-003.

F. Completion Status & Open Collection (tracked in WT-003)¶

Completed extractions in this tab

✓ Letter identification (both) • ✓ Claim/policy identifiers • ✓ Grounds/exclusions (pinpointed snippets) • ✓ Defense withdrawal date • ✓ Chronology placement • ✓ Cross-refs • ✓ Counsel/adjuster roster.

Outstanding items (send to WT-003):

Complete endorsement set for PL 5599321-14 and -15 (exact captions as printed; attach as sub-exhibits).
Native email metadata for both letters (delivery confirmations, RRR scans).
Lease agreements referenced in Dec 2019 letter.
Sprinkler repair/damage documentation referenced in Dec 2019 letter.
Western World (property carrier) correspondence/claim file (not in binder; request and log).
Pinpoint page/line cites for every quoted phrase above (update "p. TBD" entries after next PDF pass).
Bates sub-ranges by letter (split G21-EVID-008–040 into Ltr-1 / Ltr-2 exact page spans).

END — White Tab 103 — Insurance Declination (Great American E&S) — Tier-1 PDF (Facts-Only) v1.4.2