PETCO ANIMAL SUPPLIES STORES, INC v. INSURANCE COMPANY OF NORTH AMERICA Complaint

8/7/2019 PETCO ANIMAL SUPPLIES STORES, INC v. INSURANCE COMPANY OF NORTH AMERICA Complaint

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Case 0:10-cv-00682-DWF-JSM Document 1 Filed 03/08/10 Page 1 of 10

UNITED STATE DISTRICT COURTDISTRICT OF MINNESOTA

PETCO Animal Supplies Stores, Inc., Court File No.a Delaware corporation,Plaintiff, Demand for Jury Trial

Insurance Company ofNorth America,a Pennsylvania corporation,

Defendant.

COMPLAINT

Plaintiff PETCO Animal Supplies Stores, Inc. ("PETCO"), for its complaint againstDefendant Insurance Company ofNorth America ("INA"), states and alleges as follows:

PARTIES

1. PETCO is a Delaware corporation, with its principal place of business inCalifornia.

2. INA is a Pennsylvania corporation, with its principal place of business inPennsylvania.

JURISDICTION AND VENUE

3. This is a related case to another action currently pending in this district before theHonorable James M. Rosenbaum.


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4. On February 17, 2009, Medtronic, Inc. ("Medtronic") filed a lawsuit againstPETCO, which is currently pending in the United States District Court for the District ofMinnesota, Court File No. 09-0363 (JMR/JSM) (the "Medtronic Action")

5. The present action is brought as a declaratory judgment pursuant to 28 U.S.C.2201.

6. PETCO is a citizen of the States of California and Delaware.7. INA is a citizen of the State of Pennsylvania.8. The matter in controversy exceeds the sum or value of $75,000 exclusive of

interest and costs because the insurance policy at issue in this action has a limit of liability of$2, 000,000. Accordingly, complete diversity exists and this Court has jurisdiction pursuant to 28U.S.C. 1332.

9. Venue is proper in this Court under 28 U.S.C. 1391(a) because a substantial partof the events or omissions giving rise to the claims herein occurred in this judicial district.

FACTS

10 . In the Medtronic Action, Medtronic seeks approximately $1,800,000 for propertydamage related to a May 20, 2007 fire at its facility. Medtronic alleges this fire was caused by a"Profile" aquarium heater (the "Aquarium Heater") it purchased from PETCO.

11 . This Aquarium Heater was designed and manufactured by Meiko Pet Corporation("Meiko").

12 . INA issued a Products Liability Insurance Policy to Meiko Pet Corporation(Policy Number JCL0502023/2006-412) (the "Policy"), a true and correct copy ofwhich isattached hereto as Exhibit A.

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13 . Meiko and its insurer, INA, have been on notice of the Medtronic loss since May,2007, within days after the fire.

14. On May 28, 2007, Meiko was foimally placed on notice of the Medtronic loss bya claims administrator for PETCO.

15. On May 30, 2007, PETCO formally tendered the claim to Meiko.16 . On May 30, 2007, Meiko's insurer, INA, informed PETCO that INA had retained

the services of a forensic expert to attend a June 1, 2007 inspection of the loss.17. On May 31, 2007, Meiko informed PETCO that it could directly contact Meiko's

insurance broker in Taiwan.18 . On May 31, 2007, Meiko informed PETCO that Meiko's insurance carrier was

handling this claim.19 . On August 31, 2007, INA's adjuster, GAB Robins North America, Inc., denied

the tender because PETCO allegedly was no t "listed" as an "additional insured" on the policy.20. PETCO at that point, of course, did not have a copy of the INA Policy to see that

the denial was not in good faith.21. The Policy period was from September 20, 2006 to October 1, 2007.22. The Medtronic loss occurred during the Policy Period.23. The Policy territory is "worldwide."24. The Insuring Agreement provides that "Nile Company will pay on behalf of the

Insured all sums which the insured shall become legally obligated to pay as damages because ofbodily injury or property damage including within the product hazard to which this insuranceapplies.... The bodily injury or property damage must be caused by an occurrence. Theoccurrence must take place in the Policy territory."

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The Medtronic loss is an "occurrence" and constitutes a "products hazard" and "propertydamage" under the terms of the Policy25. The Policy defines "occurrence" as "an accident including continuous or repeated

exposure to substantially the same general harmful conditions."26. The Medtronic loss is an "occurrence."27. Assuming the allegations in the Medtronic complaint are true, the Medtronic loss

constitutes "property damage" per the Policy's definition.28. Assuming the allegations in the Medtronic complaint are true, the Medtronic loss

constitutes a "products hazard, in that "products hazard' includes all... 'property damage'occurring away from premises the Insured [Meiko] owns or rents and arising ou t of the Insured'sproduct or work except products that are still in the Insured's physical possession."The Aquarium Heater is an Insured Product

29. The Policy provided coverage for Meiko products, including for "AquariumHeater[s]."

30. The Aquarium Heater was "manufactured by the Insured [Meiko] in Taiwan andexported to the Policy territory."31. In the alternative, the Aquarium Heater was "manufactured in Taiwan and

exported by the Insured [Meiko] to the Policy territory."PETCO is an Additional Insured

32. The Policy contains an "Additional Insured (Vendors-Broad Form)" endorsement,which amends the "Personal Insured" provision of the Policy to include as an Insured: "All theVendors who have directly contracted with the Named Insured [Meiko] in the regular course ofthe vendor's business."

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33. PETCO directly contracted with Meiko to purchase "Profile" aquarium heaters,i.e., the one at issue in the Medtronic Action.

34. PETCO did no t repackage, alter or modify the aquarium heater.35. PETCO simply sold the finished product manufactured and supplied to it by

Meiko.The Products Warranty exclusion does not apply

36. The Policy contains the following provision:Products WarrantyIt is warranted, and a condition precedent to recovery hereunder, that Air Pumps, Heater,Filters, Heating Stone, Heated Mat, Heated Bowl and Heated Bucket are UL/CSAapproved and/or complied with the mandatory and/or voluntary safety standards of theimporting countries.Failure to comply with the conditions of this warranty shall render the policy null andvoid.

See Exhibit A (emphasis added).37. The Policy fails to state which "Heater" it is referring to in the Product Warranty

provision.38. In a letter dated January 14, 2010, INA once again denied that it had a duty to

defend PETCO. In addition, INA stated that it "has been advised that the aquarium heater atissue was manufactured sometime between 1998 and 2000 and apparently was no t subject toUL/CSA standards."

39. The Aquarium Heater was no t at that time subject to any UL/CSA standardsspecific to aquarium heaters as a whole. Accordingly, the "Product Warranty" exclusion doesnot apply.

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40. In any event, INA entirely failed to consider the disjunctive language of theProducts Warranty provision, i.e., the repeated use of the word "or."

41. The Aquarium Heater complied with various UL and other safety standardsapplicable at the time ofmanufacture, including but not limited to the fact that (a) the cord andplug complied with the cord-connected appliances standard, (b) the appliance did no t containsharp edges that could cause lacerations or cuts during intended use, (c) the material used had theproperties to meet the demand of expected loading conditions and would not break or deterioratein such away to cause injury, (d) the componentmounted on a printed wiring board to form aprinted wiring assembly was securely held in place, (e) the material was resistant to a salt spraytest, (0 it had appropriate cautionary and warning markings, included but no t limited toinstructions on a drip loop, and (g) the aquarium heater also met other safety standards.INA owes PETCO a duty to defend the Medtronic action

42. PETCO is entitled to the benefits provided under the Policy, including, but no tlimited to, INA (i) providing the coverage afforded PETCO under the Policy; (ii) undertaking thedefense of the Medtronic Action on behalf of PETCO; (iii) paying any verdict, judgment, orsettlement amount that may be entered, awarded or assessed against PETCO in the MedtronicAction; and (iv) indemnifying and holding harmless PETCO for any and all liability, loss, costs,disbursements, expenses, attorneys' fees, and any other expenses that may be imposed upon it byreason of the Medtronic Action or the defense of the Medtronic Action.

43. The Policy provides that "[t]he Company [INA] shall have the right and duty todefend any suit against the Insured seeking damages on account of such bodily injury or propertydamage, even if any of the allegations of the suit are groundless, false or fraudulent...

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44. On December 14, 2009, PETCO once again made wiitten demand on INA toprovide PETCO with the coverage pursuant to the Policy, including a demand for NA toundertake the defense of the Medtronic Action on behalf of PETCO.

45. On January 14, 2010, INA denied PETCO's December 14, 2009 demand.46. NA breached its duty to defend PETCO.47. INA had a continuing duty to reevaluate its coverage position, which duty it

breached.

48. Rather than affording coverage provided by the Policy, INA:a. failed to state a proper and adequate basis for denying coverage, and insteadasserted grounds for denying coverage contrary to the facts, the law, insurance industrycustom and practice, and PETCO's reasonable expectations;b. gave more weight to its own financial interests than to PETCO's interests byignoring applicable law, unreasonably interpreting policy language in the insurer's favor,and refusing to reimburse PETCO for its attorneys' fees and costs incurred ininvestigating and defending the Medtronic loss and Action;c. failed to conduct an adequate investigation into the facts and circumstancesrelated to PETCO's status as an additional insured;d. failed to properly evaluate and/or investigate this claim thoroughly or in anobjective manner;e. failed to acknowledge coverage and refused to reimburse PETCO without anyreasonable or legitimate basis for doing so;f. misrepresented pertinent facts and/or insurance policy provisions relating to thecoverage at issue;

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g. compelled PETCO to institute litigation to obtain coverage and amounts dueunder the Policy; andh. otherwise acted as alleged above and contrary to law.49. PETCO has incurred attorneys' fees and costs in the approximate amount of

$100,000 relating to the investigation and defense of the Medtronic loss and Action, and willcontinue to incur additional amounts as the Medtronic Action continues to trial.

50. As PETCO tendered this claim in May, 2007 to Meiko and INA, and PETCO isentitled to the benefits afforded by the Policy, INA must reimburse PETCO for the attorneys'fees and costs it has and will continued to incur in investigating and defending the Medtronicloss and Action.

51. As INA breached its duty to defend, PETCO is entitled to its attorneys' fees andcosts incurred in bringing this action. The attorneys' fees and costs incurred by PETCO areconsequential damages of INA's breach of its contractual duty to defend.

COUNT IDECLARATORY RELIEF

52. PETCO restates and incorporates by reference the previous paragraphs.53. A dispute has arisen between PETCO and INA concerning their respective rights,

duties and liabilities to one another under the Policy, including whether INA is required toundertake the defense of the Medtronic Action on behalf of PETCO.

54. PETCO is entitled to a declaration that it is entitled to coverage under the Policy,and is entitled to have INA undertake the defense of the Medtronic Action on behalf of PETCO.

55. PETCO has no other adequate and speedy remedy at law, and a declaration ofrights is necessary and proper for a resolution of the dispute.

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COUNT IIBREACH OF CONTRACT

56. PETCO restates and incorporates by reference the previous paragraphs.57. INA issued the Policy of insurance to Meiko that provided coverage to vendors of

Meiko as Additional Insureds.58. PETCO is entitled to the benefits afforded by the Policy as an Additional Insured,

or otherwise.59. INA breached its contractual obligations under the Policy by denying coverage to

PETCO.

60. INA breached its contractual obligations under the Policy by wrongfully refusingto defend PETCO in the Medtronic Action.

61. INA has exhibited a pattern or practice of wrongfully, and in bad faith, denyingPETCO the contractual rights it has as an Additional Insured under the Policy.

62. PETCO has been damaged in an amount in excess of $75,000 because of INA'sbreach of contract.

RELIEF REQUESTEDWHEREFORE, PETCO Animal Supplies Stores, Inc. respectfully requests that the

Court rule as follows:a. Issue an order and judgment declaring that PETCO is entitled to coverage under

the Policy, and is entitled to have INA undertake the defense of the Medtronic Action on behalfof PETCO;

b. For an award of the attorneys' fees and costs PETCO has incurred to investigateand defend the Medtronic loss and Action;

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For an award of PETCO's attorney fees and costs incurred in the present action,and such other damages proven at trial; and

d. For such other relief the Court deems proper, just and equitable.HENSON & EFRON, P.A.

Dated: March 8, 2010 By s/ Scott A. NeilsonScott A. Neilson, 239951Wesley T. Graham, 34574X220 South Sixth Street, Suite 1800Minneapolis, Minnesota 55402-4503Telephone: 612-339-2500

Attorneys for PlaintiffPETCO Animal SuppliesStores, Inc.391040 DOC

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Case 0:10-cv-00682-DWF-JSM Document 1-1 Filed 03/08/1.0 Page 1 of 20

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Case 0:10-cv-00682-DWF-JSM Document 1-1 Filed 03/08/10 Page 2 of 20ft

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ig: Et Aquarium Air Pump, Aquarium Heater, Bubble Stone, MagneticCleaner, Aquarium Plastic Tank, Aquarium Filters, Reptile Panel'A A A * Heater, Reptile Heating Stone, Heated Pe t Mat fo r Dog & Cat,Heated Pet Bowl for Dog, Heated Flap-Back Bucket for dog orhorse and Aquarium Accessories manufactured by the insured andsold to policy territory via all vendors,.*Warranted Air Pumps, Heater, Filters, Heating Stone, Heated?fat, Heated Bowl and Heated Bucket ar e T1L/CSA approved and/orcomplied with the mandatory and/or voluntary safety standardsof importing countries.

le it ti Worldwide (However, under no circumstances shall any country orjurisdiction which is the subject of trade or economicsanctions imposed by the laws o r regulations of the UnitedStates of America is being covered under this policy),likilM11.ifl.,.

M t iA gi A 11 1 IA rk 0- im a Ig: FA- A 61 Pi 0611 4 11)A4f6MT US$2, 000, 000 VS$7, 500 for al1.-1Yowered/herated-61111 4-4$144031114T US$2p 000, 000 products; US$11 000 for

4 4 0 li aAti 415)4,1i A. 0S$2, 000, 000111 I* s'A 4t11 MI Pi .t.- Xt it IA rite% thanUS$2, 000, 000 products otherpowered/heatedproducts, eachoccurrence, which alsoapplies down to costsand expensesA r&A Ail l'i IA tt U. S. A. /Canada: US$1, 250, 000Ai 444-$A R. 0. W.: US$500, 000Total: US$1, 750, 000

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Case 0:10-cv-00682-DWF-JSM Document 1-1 Filed 03/08/10 Page 3 of 20I

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Case 0:10-cv-00682-DWF-JSM Document 1-1 Filed 03/08/10 Page 4 of 20t

INSURANCE COMPANY OF NORTH. AMERICA TAIPEI BRANCH OPPICBPlease review this policy carefhily and discuss the overagewith your insurance agent, broker or representative.

DECT4RATIONSPOLICY NUMBER; LCIS,82023g006-,412,

RENEWALof: ICL05,02023/2005-397Item I. Named Insured: Nleiko PetCorp./Meiko Pe t (Soung-Gang) Mfg. Factory

Mailing Address: 12, Industry 14th Road, Tali City, TaichungMien, Taiwan, R.O.C.Item 2, Polley Period: Prom: September 20, 2006 P.M. 12:00

To; September 20, 2007 P.M. 12;00Taiwan Standard Time

Occupation; ManufacturerItem 3. Named Insured is: Corporation

Item 4. Limit of Liability: US$2,000,000 each occurrence & US$2,000,000annual aggregate

Item S. Deductible: US$7,500 for all powered/heated products; US$1,000 for products other thanpowiered/heated products, each occurrence, which also applies down to costs andexpenses

Item 6. Products: Aquarium Air Pump, Aquarium Heater, Bubble Stone, Magnetic Cleaner,Aquarium Plastic Tank, Aquarium Filters, Reptile Panel Heater, Reptile HeatingStone, Heated Pet Mat for Dog & Cat, Heated Pet Bowl for Dog, HeatedFlapBack Bucket for dog or horse and Aquarium Accessoriesmanufactured bythe Insured and sold to polley territory via all vendors.*Warranted Air Pumps, Heater, Filters, Heating Stone, Heated Mat, HeatedBowl an d Heated Bucket are UL/CSA approved and/or complied With tbemandatory andfor voluntary safety standardsOf impotting countries,

Item 7. Esthnate Sales; U.S.A./Canada; US$1,250,000R.O.W.: US$500,000Total; US$1,750,000

Premium Rate: U.S.A1Canada; 2.15%LON.:

Item 8, Minimum and US$31,525 (NT$1,037,488)Deposit Premium:

Item 9. Policy Territory; Worldwide (However, under no circumstances shall any country or jurisdictionwhich is the subject of trade o r economic sanctions imposed by the laws orregulations of the United States of America is being covered under this policy),

Item Endorsement Attached to The Policy as From Inception:-Additional Insnred (Vendors-Broad Form)

Page 1 of 2 Policy leo. 101,0$0202,312004-412


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Case 0:10-cv-00682-DWF-JSM Document 1-1 Filed 03/08/10 Page 5 of 20

INSURANCE COMPANY OF NORTH AMERICA TAIPEI ERANCH OFFICE-Asbestos Exclusion-Deductible Clause-EfficacyClause-Millennium Endorsement-Minimum Earned Premium Clause-Mold and Fungi Exclusion_Pollution Exclusion AbsoluteProductsWarranty-Professional Liability Exclusion-Punitive Damages Exclusion Clause.Pure Financial Loss Exclusion-snica Exclusion-Terrorism Exclusion EndorsementwUSAICanada Domieiled Operations Exclusion

In witnesswhereof this policy has been signed by o r on behalf of the branch manager of the Companyat Taipei on September 20, 2006 Insurance Company ofNorth America

Taipei Branch Office

Authorized Signature

Page 2 of 2 PolicyNo,,1(7.0502023/2006-4.12


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insurance Company of North America Taipei Branch Officein consideration of the premitun being paid by the Insured to the Insurance (ompany of North America, TaipeiBranch (hereinafter called tho Company) and in reliance unon the written statements and declaration contained inthe Proposal which shall be deemed to be the basis of this Policy the Company agrees to indemnify the Insuredas follows:

COVERAGECoverage is afforded under this policy in accordancewith the specific Coverage Parts identified in Declarationsas being a part of dth policy.

PRODUCTS LIABILITY INSURANCE POLICYCoverage Part Occurrence Form

A) InsuringAgreementThe Company will pa y on behalfof the Insured nit sums which the insured shall become legally obligated to payas damages because of bodily Injury or property damage included within the product hazard 4o which thisinsurance applies. No other obligations or liability to pay sums o r perform acts or services is covered unlessprovided for under SUPPLEMENTARY PAYMENTS. The bodily injury or property damage must be caused byan occurrence. The occurrence must take place in the Policy territory.The Company shall have the right and duty to defend any suit against the Insured seeking damages on account ofsuch bodily kittry or property damage, even if any of the allegations of the suit are groundless, false orfraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but theCompany shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit ofthe Company's liability has been exhausted by payment ofjudgments or settlements.II) ExclusionsThis Insurance does not apply to;(I) bodily injury or property damage expected or intended from the standpoint of the Insured, This exclusiondoes not apply to bodily injury resulting from the use of reasonable force to protect persons or property,(2) bodily injury or property damage for which the Insured is obligated to pay damages by reason of theassumption of liability in a contract or agreement This exclusion does not apply to liability for damages:

(a) assumed in a contract or agreement that is an Insured contract, or(b) that the Insured would have in the absence of the conftact or agreement.(3 ) bodily injury or property damage for which any Insured may be held liable by reason of:

(a ) causing or contributing to the intoxication of an y person;filo furnishing_of alcoholic beverages to 8 person under the lege! drinking age or under the influence ofalcohol; or(c ) an y statute, ordinance or regulation relating to the sale, gift, distribution or use of alooholio beverages,This exclusion applies only if the Insured is in the business of manufacturing, distributing, selling, serving orfurnishing alcoholic beverages.(4 ) any obligation of the Insured under a workers compensation, disability benefits or unemploymentcompensation law o r any similar law.(5) bodily injury to:

(a) any employee of the insured arising out of and in the course of employment by the insured; or(b) the spouse, child, parent, brother or sister of that employee Rs a consequence of (a ) above,

PLEASE READ 'YOUR POLICY1 If incorrect return for ImMediate correction


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Insurance Company of North America Taipei Branch OfficeThis exclusion applies:(a) whether the insured may be liable asan employer or in any other capaeity; and(b) to any obligation to share damages with or repay someone else who must pa y damages because of theinjury.This exclusion does not apply to liability assumed by the Insured under an insured contract.(6) bodily injury or property damage due to war, whether or not declared, or any act or condit ion incident towa n War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liabilityassumed under a contract or agreement.

(7) property damage to the Named insured's products arising out of such products or any parts of such products;(8) property damage to impaired property or property that has not been physically injured, miring out of;(a) a defect, deficiency, inadequacy or dangerous condition in the insured's product; or(b) a delay or failure by the Insured or anyone actiiig on his behalf to perform a contract or agreement inaccordancewith its terms.

This exclusion does not apply to the loss of use of other property arising out of sudden and accidentalphysical injury to the insured's product or work after it has been put to its intended use.(9) damages claimed for the withdrawal, inspection, repair, replacement, or loss of the use of the NamedInsured's products or work eompleted by Or for the Named Insvred or of any property of which suchproducts or work form a part, if such products, work or property are withdrawn from themarket or from use

because of any known or suspected defect or deficiency therein;(10)bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors,soot, Armes, acids, alkalis, toxic chemicals liquids or gases, wastematerials or other irritants, contaminants

or pollutants into or upon land, the atmospi;ere or any watercourse or body of water.This insurance also does not apply to any cost or expense arising out of any governmental demand orrequest That an Insured test for, assess, monitor, olearnup, remove, contain, treat, detoxify, or neutralize anysuch irritants, contaminants or pollutants.This Company shall not have the duty to defend ay olaim or suit seeking to impose such costs, expenses,liability fOr such damages, or any other relief.

(II) (a) Under any Liability Coverage, to bodily injury or property damage:cn with respect to which on Insured under the policy is also an Insured under a nuclear energy liabilitypolicy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy LiabilityUnderwriters, or Nuclear Insurance Assoelation of Canada, or would be an Insured under any suchpolicy but for its termination upon exhaustionof its limit of liability; orresetting from the-hazardous -properties.otnuclear material andwitn resp.ectio_whickaany.persono r organization is required to maintain financial protection pursuant to the Atomic Energy Act of1954, or any taw amendatory thereo f, or (0) the Insured is, or had this policy not been issued would.be, entitled to indemnity from the United States of America, or any agency th'eteof, under anyagreement entered into by the United States of America, or any agency thereof, with any person ororgan ization;

(b) Under an Medical Payments Covetage, or ender any Supplementary Payments provision relating tofirst aid, to expenses incurred with respect to bodily injury resulting llorn the hazardous properties ofnuclear material and arising out of the operation of a nnclear facility by any person or organization,(c ) Under any Liability Coverage, to bodily iejury or property damage resulting from the hazardousproperties of nuclearmaterial, it

PLEASE READ YOUR POLICY I If incorrect return for immediate correetion


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Ins urance Company of Notth America Taipei Branch OfficeG) the nuclear material (i) is at any nuclear facility owned by, o r operated by or on behalf of, an insured,

or (II) has been discharged or dispersed therefrom;mi the nuclear material is con ta ined In spent fuel or waste at any time possessed, handled, used,processed, stored, transported or disposed ofby or on behalfof an Insured; orthe bodily Injury or property damage arises out of the fUrnishing by an Insured of orvices, materials,parts or equipment in connection with the planning, construction, maintenance, operation or uso ofan y nuclear facility, but if such facility is located within the United States of America, its territoriesor possessions, or Canada, this exclusion cir applies only to property damage to such nuclear facilityand any property thereat;

(d) As used in this Exclusion:ff "Hazardous properties" include radioactive, toxic, or explosive properties;"Nuclear material" means source material , special nuclear material or byproductmaterial;"Source material", "special nuclear material", and "byproduet material" have the meanings giventhem in the Atomic allergy Act of 1954 or In any law amendatory thereof;"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used orexposed to radiation In a nuclear reaetor;e^ "Waste" means any waste material (I) containing byproduct material and (ii) resulting from theoperation by any person or organization of an y nuclear facility included within the definition ofnuclear facift under paragraph (i) or (ii)ttlercof;"Nuclear facility" means: (I) any nuclear reactor; (ii) any equipment or device designed or used for(aa) separating the isotopes or uranium or plutonium, (bb) processing or utilizing spent Mel, or (cc)handling, processing, or packaging waste; (ill) any equipment or device used for the processing,fabricating o r alloying of special nuclear material ifat any time the total amount of such material inthe eustody of the Insured at the premises where such equipment or device is located consists of orcontains more than 25 grams of plutonium or uranium 233 or any combination thereof, o r m o re than25 0 grams of uranium 235; (iv) any structure, basin, exoavation, premises or place prepared or usedfor the storage or disposal of waste; and (v) includes the site on which any of the foregoing islocated, all operations conducted on suoh site, and all premises used for such operations;"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in ascikupporting chain reaction or to contain a critical mass of fissionable material;"Property damage" includes all forms of radioactive contamination of property.

wpmMENTARY PAY:WMThe Company will pay with respect of any claim or stlit(I) AU expenses incurred by the Company, all costs taxed against the insured in an y suit. defended by theCompany and all interests on the entire amount of any Judgment therein which accrues after entry of theJudgment and before the Company has paid or tendered or deposited in court that part of the judgmentatlitirCompany'S liability-thereon;(2) Premiums on appeal bonds required in any such suit, and premiums on bonds to release attachments in anysuch suit for an amount not in excess of the applicable limit of liability of this policy;(3) Palms incurred by the Insured for first aid to others at the time of any accident, for bodily injury towhich this policy applies;(4) Reasonakic, expenses incurred by the insured at the Company's request in assisting the Company in theinvestigation o r defense of any claim or suit, including actual loss of earnings not to exceed $100 per day.The Company agrees to pay the claims expenses Incurred under the above sections bu t

such payments shall bepart of, and not in addition to, the Applicable limits_of ljabitity, of this_coyerage,

PLEASE RRAD YOURPOLICY] If incorrect return for immediate correction


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insurance Company of North America Taipei Branch Office

PERSONS INSUREDBaoh of the following is an Insured under this Insurance to the extent set forth below:(1) If the Named Insured Is designated in the dolarations as an individual, the person so designatedbut only with respect to the conduct of a business of whieh he is the sole proprietor, and the

spouse of the Named Insured with respeet to the onduot of such a business;(2) If the Named Insured is designated in the declarations as a partnership of joint venture, thepartnership or joint venture so designated and any partner or member thereof ba only withrespect to his liability as such;(3) If the Named Insured is designated in the declarations as other than an individual, partnership orjoint venture, the organization designated and ay executive officer, director or stockholderthereofwhile actingwithin the scope of his duties as such;(4 ) Any person (other than an employee of the Named Insured) or organization while acting as realestate manager for the Named Insured,This insurance does not apply to bodily injury or property damage arising

out of the conduct of anypartnership or joint venture ofwhich the Insured is a partner or member and which is not designated inthis policy as a Named Insured.

LIMIT OF LIABILITY,Regardless of the number of (A) Insureds under this policy, (B) persons o r organization who sustainbodily injury or property damago, or (C ) claims made or suits brought on account of bodily injury orproperty damage, the Company's liability is limited as follows:The limit of liability stated in the declarations as applicable to "each occurrence" is limit of theCompany's liability for all damages bemuse of bodily injuty or property damage, or both combined,as the result of any one occurrence,

Subject lo the foregoing respecting "each occurrence" the total liability of the Company for alldamages berranse of all bodily injury and property danmge Included within the products hazard, shallnot exceed the limit stated in the declarations as "aggregate",For the purpose of determining the Emit of the Company's liability, all property damage arising out ofCoMintIMIS or repeated exposure to substantially the same general conditions shall be considered as

POLICY TERRITORYThis insurance applies to bodily injury or property damage owed by an occurrenee Included withinthe product hazard which takes place in the Policy territory designated in Item 9 of theDECLARATIONS sheet,

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Insurance Company of North America Taipei Branch OfficeDMNITIONS,

When used in this policy:A) "Bodily injury" means bodily injury, sickness or disease sustained by any person which ocours during thepolicy period, including death at any time resulting therefrom.B) "Claims expense" means;

0 Fees charged by an attorney designated by the Company; andO All other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of aclaim, if incurred by the Company or by the Insured with the written consent of the Company;O Cost of Investigation and odjustment of claims by salaried employees, fee adjusters or attorneys of theCompany;O The Company's overhead,

C) "bnpaired property" means tangible property, o ther t han tho Named Insured's product or work, thatcannot be used or is less usefol because:O It incorporates the Named Insured's pr oduct or work that is known or Thought to be defective, deficient.,inadequate or dangerous; orO The Named Insured failed to Thifill the terms of a contract or agreement.

D) "Insured waft aet" means:O A lease ofpremises;O A sidetrack agreement;O An easement or license agreement in connection with vehicle or pedestrian private railroad crossings atgrade;

E) "Inswed's product" means:0 Any goods or products designated in Item 6 of the DECLARATIONS which were: a) manufactured bythe Insured In Taiwan and exported to the Policy territory, or b) manufactured in Taiwan and exported

by the Insured to the Policy territory.O Containers (other than vehicles), materials, parts or equipment furnished in connection with such goodsor products.The Insurod's product includes warranties or representations made at any time with respect to thefitness, quality, durability or performance of any of the items included in 0 mule above,The Insured's product does not include vending machines or other property rented to or located for theuse of others but not sold.

F) "Occurrences' means an acoiderit including eontinuousor repeated exposure to substantially the same

general harmful conditions,0) "Pollutants" moans any solid, l iquid, gaseous or thermal irritant or contaminant, including smoke, vaporsoot, fumes, acids, alkalis, chemicals and waste. Waste inoludes materials to be recycled, reconditioned orreclaimed.

---11)-"Produtteiluzartl"- includes-a11-"bodity injirry"- and--"propenty-damege.!Locourring -away. frompremisesThe-Insured owns or rents and arising out of the Insured's produet or work except products that are still in theInsured's physical possession,I) "Property damage" moans:O Physical injury to or destruction of tangible property which occurs during the policy period, includingthe loss of use thereof at an y limo resulting thereftom, or

O Loss of use of tangible property which has not beon physically injured or destroyed provided such lossof use is caused by art occurrence during the policy period.3) "Suit" means a civil proceeding in which damages because of "bodily injury" or "property damage' to

which this insurance applies are alleged. 'Suit" includes an arbitration proceeding alleging such damages towhich the Named Insured must submit or submitwith the Company's consent,

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Insurance Company of North America Taipei Branch OfficeCONDITIONS

A) PremiumAli preminms for this policy shall be computed in accordance with the Company's rules, rates, rating plans,premiums and minimum premiums applicable to the insurance afforded herein.Premium designated In this policy as "advance premium" is a deposit premium only which shall ba credited tothe amountof the earned premium due at the end of the policy period. At the close of each period (or part thereofterminating with the end of the pbliey period) designated in the declarations as the audit period the earnedpremium shalt be computed for sneh period and upon notice thereof to the Named Insured, shall become due andpayable. If the total earned premium for the polioy period is less than the premium previously paid, the Companyshall return to theNamed Insured the unearned portion paid by theNamed Insured.The Named Insured shall maintain records of such information as is necessary for premium computation, andshall send copies of such records to the Company at the end of the policy period and at such times during thepolicy period as the Company may direct.B) Inspection and AuditThe Company shall be permitted but not obligated to inspect the Named Insured's property and operations at anytime, Neither the Company's right to make Inspections tior the making thereof nor any report thereon shallconstitute an undertaking, on behalfof or for the benefit of the Named Insured or others, to determine or warrantthat such property or operations are safe or healthful, or are in compliance with any law, rule or regulation.The Company ma y examine and audit the Named Insured's books and records at any time during the policyperiod and extensions thereof and within three years after the final termination of this policy, as far as they relateto the subject matter of this Insurance.C) Insured's Duties In the event of Occurrence, Claim or Suit

(I) in the event of an occurrence, written notice containing particulars sufficient to identify the Insured andalso reasonably obtainable information with respect to the time, place and eircumstanoes thereof, andthe names and addresses of the injured and of available witnesses, shall be given by or for the Insuredto the Company of any of its authorized agents as soon as practicable.

(Z) If claim is made or is brought against the Insured, the Insured shall immediately forward to theCompany every demand, notice, summons or other process received by him or his representative.(3) The Insured shall cooperate with the Company and upon the Company's request, assist in makingsettlements, in the conduct of su its and in enfhreing any right of contribution or indemnity against any

person o r organization who may be liable to the Insured because of injury or damage with respect towhich insurance is afforded under this polfey; and the Insured shall attend hearings and trials and assistin securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not,except at his ow n cost, voluntarily make any payment, assume any obligation or incur any expenseother than for first aid to others et the time of accidentD)--AttitivAvAltrgt-ComouyNo action shall lie against the Company unless, as a condition precedent thereto, there shall have boon fullcomplience with all of the terms of this policy no r until the amount of the Insured's obligation to pay shall havebeen finally determined either by judgment against the Insnred after actual trial or by written agreement of theInsnred, the claimant and the Company.Any person or organization or the legal representative thereof who has secured such. judgment or writtenagreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this,policy, No person or organization shall have any right under this policy to join the Company as a party toany.action against the Insured to determine the Insured's liability, no r shall fire Company,be impleaded by the.Insnred.:,. V I. III1 1$,,,,or his legal representative. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the....Company of any of its obligations hereunder.

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insurance Company of North America Taipei Branch OfficeB) Other InsuranceThe insurance afforded try this policy is primary insurance, except when stated to apply in excess of orcontingent upon the absence of other insurance. When this Insurance is primary and the Insured has otherinsurance which is stated to be. applicable to the loss on an excess or contingent basis, the amount of theCompany's liability under this policy shall not be reduced by the existence of such other insurance.When both this insutance and other insurance apply to the loss on the same basis, whether primary, excess orcontingent, the Company shall not be liable under this policy for a greater proportkm of the loss than that statedin the applicable contribution provision below:(1) Contribution by Squat Shares: If all of such other valid and collectible insurance provides forcontribution by equal stares, the Company shall not be liable for a greater proportion of such loss thanwould be payable if m it Insurer contributes an equal share until the share of each insurer equals thelowest applicable limit of liability under any one policy or the Atli amount of the loss is paid, and withrespect to any amount of loss not so paid the remaining insurers then continue to contribute equalshares of the remaining amount of the loss until each such insurer has paid its limit in full or the fullamount of the loss is paid.(2) Contributions by Limit, If any of such other insurance does not provide for eontribution by equalshares, the Company shall not be liable for a greater proportion of such loss than the applicable limit ofliability under this policy for such loss bears to the total applicable limit of liability of all valid andcollectible insurance against such ioss,F) SubrogationIn the event of any payment under this policy, the Company shalt be subrogated to all the Insured's rights ofrecovery therefor against an y person or organization and the Insured shall execute and deliver instruments andpapers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss toprejudice such rights.0) ChangesNotice to any agent or knowledge possessed by any agent or by any other person shell not effect a waiver or achange in any part of this polity or estop the Company from asserting any right under the terms of this policy;nor shall the terms of this policy be waived or changed, exeept by endorsement issued to form a part of thispolicy.II) AssignmentMsignment of intetest under this policy shall not bind the Company until its consent is endorsed hereon; If,however, the Named Insured shall die, such insuranee as is afforded by this policy shalt apply (I) to the NamedInsured's legal representative, as the Named Insured, bu t only while acting within the scope of his duties as sueh,and (2) with respect to the property of the Named Insured, to the person having proper temporary custodythereof, as Insured, but only until the appointment and qualification of the legal representative.1) CancellationThis policy may be cancelled by the Named Insured by surrender thereof to the Company or any of its authorizedagents or by mailing to the Company written notice stating when thereafter the eancellat ion shall be effective.This policy may be cancelled by the Company by mailing to the Named Insured at the address shown in thismailing of rodeo as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date andhour of cancellation stated in th e n oti ce shall become the end of the policy period. Delivery of such writtennotice either by the Named Insured or by the Company shall be equivalent to mailing.If the Named Insured cancels, earned premium shall be computed In accordance with the customary short ratetable and procedure. If the Company camels, earned premium shall be (Imputed pro rata Premium adjustmentmay be made either at the time cancellation is effected or as soon as practicable after cancellation becomeseffective, bu t payment or tender of unearned premium is not a condition of cancellation.

Decla rationsBy acceptance of this policy, the Named Insured agrees that the statements in the declarations are his agreementsand representations that this policy is issued in rollmop upon the trnth of such remesentations and that thispolicy embodies allagreements existing between himselfand the Company or any of its agents relating to thisinsurance.

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Insurance Company of North America Taipei Branch Office

Additional Insured (Vendors.Broad Form)It is agreed that the "Personal Insured" provision Is amended to include any person or organization designatedbelow (herein referred to as "vendor"), as an Insured, but onlywith respect to "bodily blinry" or "property damage"arising out of the Named Insured's products designated below which are directly distributed or sold byte vendor.It is also understood that the vendor has directly contracted with the Named Insured i n the regular course of' thevendor's business, subject to the following addition provisions;I. The insurance with respect to the vendor does not apply to:(a) any express warranty unauthorized by the named insured;(b) bodily injury o r property damage arising out of(i) any physical or chemical change in the form of the productmade intentkmally by the vendor,(ii) repacking, unless unpacked solely for the purpose of inspeetIon, demonstration, testing or thesubstitution of parts under instruction from the manufacturer an d then repacked in the original

oontainer,(iii) demonstration, installation, servicing or repair operations except such operations performed at the

vendor's premises in connection with the sale of the product.(iv) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to makeor normally undertakes to make in the usual course of business, in connection with the distribution orsale of the products;(v) productswhich after distributionor sale by the named insured have been labeled or relabeled or usedas a container, part or ingredient of any other thing or substance by or for the vendor.

2, The insurance does not apply to any person or organization, as Insured, from whom the Named Insured hasacquired such products o r any ingredient, part or container, entering into, accompanying or containing suchproducts.

SCBBDIJI,B

Vendor(s): All the Vendors who have directly contractedwith Named Insured in the regular course of the

Products: As per the declarations of the policy

Asbestos Exehtsion,This policy does not apply to any loss, demand, claim or suitcarising out of or related in any way to asbestos or

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Insurance Company of North Amerka Taipei Etranch Office

Efficacy ClauseIt is understood and agreed that this insurance does not apply; no r do the company have a duty to defend, anyclaim or suit for bodily injury and/or property damage, resulting from the failure ofthe insured's product or theinsured's work completed by or for the insured to cure, alleviate, prevent, eliminate or retard bodily injury, propertydamage, or to any such warranties, representations o r agreements to that effect that are made by the insured.

Millennium XtudorsementPRODUCTS LIABILITYExclusionsThis insurance does not apply to "bodily injury" or "property damage" included In the "products hazard" definitionand arising directly or indirectly out of:A. Any actual or alleged failure, malfunction or inadequacy of:(I) Any of the following, whether belonging to any insured or to others

(a) Computer hardware, Including micro-processors;(b) Computerapplication software;(e) Computer operating systems and related software;(d ) Computer networks;(e ) Microprocessors (computer chips) not part of any computer system; or(f) Any other computerized or electronic equipment or components; or

(2) Any other products, and any services, data or firnctions that directlyor Indirectly us e or rely upon, in any manner, any of the items listed In Paragraph A.(I) of this endorsement

Due to the Inability or failure to process, including, but not limited to, calculating, comparing, recording, retrieving,seqUen-Oingt reftdingi, s-trArklg,Manipulating, writing to media, determining, distinguishing,converting, transferring orexecuting "Date/TimeMaterial".

"Date/TimeMaterial", as used herein, moans dates, times or dato or information that in any manner includes,depends upon, is contingent upon, is derived from, or incorporates any date or time, irrespective of themanneror medium of storage or recordation,B. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or

supervision provided or done by the Insured or fbr the Insured to determine, rectify or test for, any potentialor actual problems described in Paragraph A. of this endorsement.

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Insurance Company of North America Taipei Branch Officesmoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants,contaminants or pollutants into or upon land, the atmosphere or anywatercourse o r body ofwater.This insurance also does not apply to any cost or expense arising out of any governmental demand or request thatan Insured test for, assess, monitor, clean.up, remove, contain, treat, detoxify, or neutralize any such irritants,contaminants ot pollutants.This company shall not have the duty to defend any claim or suit seeking to impose such costs, expenses, liabilityfor such damages, or any other relief,

rLobjp.,tEuxkup4It is warranted, and a condition precedent to recovery hereunder, that Air Pumps, Heater, Filters, Heating Stone,HeatedMat, Heated Bowl and Heated Bucket are OL/CSA approved and/or compiled with themandatory and/orvoluntaty safety standards of importing countries.Failure to comply with the conditions of this warranty shall render this policy null and void.

Professional Liability 4elusipn.This policy excludes any liability arising out of the rendering ofprofessional advice or services for a fee or any erroror omission eonnected therewith, Fo r the purposes of this exclusion Professional Services means the performanceofwork by the Insured for any service or advice provided for a fee or remuneration; including bu t not limited todesigning, consulting, predesign, specification, tethnical information, feasibility studios, surveying, projectmanagement, supervision of constmction under the direct instruction of an architeot or engineer,misstatements,misleading statements, defamation, breach of any intellectual property right (such as copyright, trademark, patent),breach of contract, breach of confidentiality or similar activities.

Punitive DAM ages Exclusion clauseIt is agreed that this insurance shall not apply to fines, penalties, punitive damages, exemplary damages, trebledamages, or other damages resulting from the multiplication of

Pure Pi/Ionia! Loss ExclusionThis Polley does not cover the liabilityof financial loss sustained by a customer or user of any Insured's Products ifsuch financial loss Is a direct result date defective or hartrififi conditions of such Insured's Products or their Failureto perform a function for which they were supplied by the Insured.All other terms & conditions remain unchanged.

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Insurance Company of North America Taipei Branch Office

Sifica txdusionA. This insurance does not apply to:

Silica1."Bodily Injury" and "Property Damage" related to the actual, alleged, or threatened presence of or exposure

to "silica" in any form, or the harmful substances emanating from "silica". This includes the use of,consnmption of, ingestion of, inhalation of; absorption of, contact with, existence 4 presence of,proliferationof; discharge of; dispersal of, seepage of, migration of; release of, escape of, or exposureto "silica". Such injury from or exposure to "silica" also includes, but is not limited to:a. The existence, storage, handling or transportation of"silica";b. The removal, abatement or containment of "silica" from any structures, materials, goods, products, or,manufacturing process;c. The disposal orsilica";d. Any structures, manufacturing processes, or products containing "silica";e. Any obligation to share damages with or repay someone elsewho must pay damages because of suchinjury or damage;f, Any productmanufactured, soid, handled or distributed by or on behalfof the insured which contains"silica"; org. Any supervision, instructions, recommendations, warranties (express or implied), warnings or advicegiven or which should have been given.

2. Any loss, cost or expense Including, but not limited to, payment for investigation o r defense, tines, penalties,interest and other oasts or expenses, arising out of any:a. Claim, "suit", demand, judgment, obligation, order, request, settlement, tir statutory or regulatoryrequirement that an y insured or any other person or entity test for, monitor, clean up, remove, contain,mitigate, treat, neutralize, lemediate, or dispose of; or In any way respond to, or assess the actual or allegedeffbets of "silica"; or

b. Claim, "suit", demand, judgment, obligation, request, or settlement due to anyWoe!, alleged> or threatenedinjury or damage from "silica" or testing for, monitoring, cleaning up, removing, containing, mitigating,treating, neutralizing, remediating, or disposing of, or in any way responding to or assessing the actual or_____alteged_effects of;, !sillen!..hy.anY. inSnred el by anypther person or entity;,or

c. Claim, "suit", demand, judgment, obligation, or request to investigate which would not have occurred, inwhole or in past, but for the actual or alleged presence of or exposure to "silica".This exclusion applies regardless of who produced, installed, used, owned, sold, distributed, handled, stored orcontrolled the "silica".B, Me following definition is added to the DEFINITIONS Section;

"Silica" means themineral, silicon dioxide, and any type or form of it including, but not limited to,silica-contalning products, goods, fibers Or materials, silica dust, fine particulate dustof siliceous or silicie

PLEASE READ YOURPOLICYI If Incorrect, please return for Immediate correction


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Insurance Company of North America Taipei Branch Officeminerals, and any gases, vapors, scents or by.produots produced or released by silica, silica dust o rsill-ea-containing products, goods, fibers or materials, Siliceous or Oleic minerals include, but are not limited to,sand, quartz, slate, granite and flint

errorlsm Exclusion EndorsementNotwithstanding any provision to the contraryWithin this insurance or any endorsement thereto it Is agreed that thisinsurance excludes death, injury, illness, loss, damage, oost or expense of whatsoever nature directly o r indirectlycaused by, resulting flom or In connection with any Act ofTerrorisrn regardless of any other cause or eventcontributing concurrently or in any other sequence to the loss;For the purpose of this endorsement Act of Terrorism means an act, including but not limited to the use of force orviolence and/or threat thereof, of any person or group(s) of persons, whether acting alone or on behalfof or Inconnection with any organisation(s) or government(s) which from its

nature or context is done for, or in connectionwith, political, religions, ideological, ethnic or similar purposes or reasons, including the intention to influence anygovernment and/or to put the public, or any section of the public, in fear,This endorsement also excludes death, injury, illness, loss, damage, cost or expanse of whatsoever nature directlyor indirectly caused by, resulting from or in connection with spy action taken in controlling, preventing, suppressingor in an y way relating to any Act ofTerrorism,

TISAfCanatla Domiciled Operations Exclusion,Notwithstandingany provision to the contrary within this insurance or any endorsement thereto, it is agreed that thisinsurance does not apply to any claim arising directly o r indirectly out of, caused by, resulting from, or In connectionwith any Named Insured's USA/Canada domiciled operations.The addition of this endorsement does not imply that other policy provisions do not otherwise preclude or excludedcoverage for any such claims, suits or proceedings.

PLEASERBAI> YOUR POLICY! IT incorrect, please return for immediate correction


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AMalLAMINARRagat.01qInsurance Company ofNorth America

ENDORSEMENTNamed Insurech lvSeiko Pe t Corp./Mello Pet (Soung.0ang) Mfg. Date Sentember 21.2007FactoryPolicy No.: XL0502023/2006-412 Endorsement No,: 0.1-20072R

It is hereby declared and agreed that, the policy eXpiry date is extended to October 01,2007 from September 20, 2007, Consequently, an additional premium ofUS$950(calculation as below) is due to the Company.Calculation: US$51,525 X (11/365),a US$950MI other terms and conditions remain unchanged,

Insurance Company of North America.Taipei Branch 01, ..:A A 7eve, t2Authorised Signature


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IV . NATURE OFCONTRACT (Place

an "X " in One Box Only)TORTS

Foreign CountryFORFEITURE NALTY BANKRUPTCY I TIlER STATUTES

Case 0:10-cv-00682-DWF-JSM Document 1-2 Filed 03/08/10 Page 1 of 1t, JS 44 (Rev 12/07) CIVIL COVER SHEETThe TS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as proviby local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the us e of the Clerk ofCourt for the purpose of initiathe civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORMI. (a) PLAINTIFFS DEFENDANTS

Animal Supplies Stores, Inc Insurance Company of North America(b) County of Residence of F irst Listed Plaintiff San Diego County County of Residence of F irst Listed Defendant

(EXCEPT IN U S PLAINTIFF CASES) (IN U S PLAINTIFF CASES ONLY)NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED

(C ) Attorney's (Firm Name, Address, and Telephone Number) Attorneys (IfKnown)& Efron, PA,, 220 South Sixth Street, Suite 1800,

112II . BASIS OF JURISDICTION (Place an "X " in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X " in One Box for Plain(For Diversity Cases Only) and One Box for Defendant)O 1 U S Government 0 3 Federal Question PIE DEF PIE DEE

Plaintiff (U S Gmemment Not a Party) Citizen of This State 0 1 0 I Incorporated or Principal Place 0 4 0 4of Business In This State

0 2 U S Government 2i 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place /?4 5 X 5Defendant of Business In Another State(Indicate Citizenship of Parties in Item III)Citizen or Subject of a 0 3 0 3 Foreign Nation 1 6 0 6

SUIT

Nt 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 0 400 State ReapportionmentO 120 Marine 0 310 Airplane 0 362 Personal Injuly 0 620 Other Food & Dmg 0 423 Withdrawal 0 410 AntitrustO 130 Miller Act 0 315 Airplane Product Med Malpractice 0 625 Drug Related Seizure 28 USC 157 1 430 Banks and BankingO 140 Negotiable Instrument Liability 1 365 Personal Injury of Property 21 USC 881 0 450 CommerceO 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws I PROPERTYRIGHTS 0 460 Deportation&Enforcementof Judgment Slander 0 368 Asbestos Personal 0 640 R R & Truck 0 820 Copyrights 0 470 Racketeer InfluencedandO 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs. 0 830 Patent Corrupt OrganizationsO 152 Recovery of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark 0 480 ConsumerCieditStudent Loans 0 340 Marine PERSONAL PROPERTY Safety/Health 0 490 Cable/Sat TV(Excl Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0 810 Selective ServiceO 153 Recovery of Overpayment Liability 0 371 Truth in Lending LABOR SOCIAL SECURITY 0 850 Securities/Commodities/of Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal 0 710 Fair LaborStandards 0 861 HIA (1395ff) ExchangeO 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black I ung (923) 0 875 Customer ChallengeO 190 Other Contract Product L iability 0 385 Property Damage 0 720 Labor/Mgmt Relations 0 863 DIWC/DIWW (405(g)) 12 USC 3410O 195 Contract Product L iability 0 360 Other Personal Product Liability 0 730 Labor/Mgmt Reporting 0 864 SSID Title XV I 0 890 Other Statutory ActionsO 196 Franchise Injury & Disclosure Act 0 865 RSI (405(g)) 0 891 Agricultural ActsREAL PROPERTY CIVIL RIGHTS' PRISONER PETITIONS 0 740 Railway Labor Act FEDERALTAX SUITS 0 892 Economic Stabilization A0 210 Land Condemnation 0 441 Voting El 510 Motions to Vacate 0 790 Other Labor L itigation 0 870 Taxes (U S Plaintiff 0 893 EnvironmentalMatters0 220 Foreclosure 0 442 Employment Sentence 0 791 Empl Ret Inc or Defendant) 0 894 Energy Allocation Act0 230 Rent Lease & Ejectment 0 443 Housing/ Habeas Corpus: Security Act 0 871 IRSThird Party 0 895 Freedom of Information0 240 Torts to Land Accommodations 0 530 General 26 USC 7609 Act0 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty IMMIGRATION 0 900Appeal of Fee Determinat0 290 All Other Real Property 0 445 Amer w/Disabilities 0 540 Mandamus & Other 0 462 Naturalization Application UnderEqual AccessEmployment 0 550 Civil Rights 0 463 Habeas Corpus to JusticeO 446 Amer w/Disabilities 0 555 Prison Condition Alien Detainee 0 950 Constitutionality ofOthet 0 465 Other Immigration State StatutesO 440 Other Civil Rights Actions

V. ORIGIN (Place an "X " in One Box Only) Appeal to Districa 1 Original 0 2 Removed from 0 3 Remanded from CI 4 Reinstated o r 0, Transferred from 0 6 Multidistrict ri 7 Ridge fromProceeding State Court Appellate Court Reopened another district Litigation Magistrate(specify) JudgmentCAtbk Wtatute under which you ar e filing (Do no t cite jurisdictional statutes unless diversity):VI. CAUSE OF ACTION Brief description of cause:Defendant breached its contractual obligations to Plaintiff under a Products Liability Insurance PolicyVII. REQUESTED IN CI CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only ifdemanded in complaint:

COMPLAINT: UNDER F R C P 23 2, 000,000.00 JURY DEMAND: a Yes 0 NoVIII. RELATED CASE(S) (See instructions):IF ANY JUDGE James M.. Rosenbaum DOCKET NUMBER 09-0363(JMR/JSM)DATE SIGNATU OF ATTORNEY OF REC03/08/2010

FOR OFFICE USE ONLY

PETCO ANIMAL SUPPLIES STORES, INC v. INSURANCE COMPANY OF NORTH AMERICA Complaint

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Transcript of PETCO ANIMAL SUPPLIES STORES, INC v. INSURANCE COMPANY OF NORTH AMERICA Complaint