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Re: zomniac post# 330824

Friday, 10/01/2010 8:29:51 PM

Friday, October 01, 2010 8:29:51 PM

Post# of 346920
I expect for the proper premium that a company could probably cover everyone and everything. But I think the typical D&O policy covers defense costs and the losses of others due to the covered parties actions. But I think the acts of the parties must be performed on behalf of the company and I don't think acting as a witness meets the spirit of that description.
BUT, a more careful reading of the motion shows that one of the "petitioners", Barry Kolevzon, is in fact a defendant in an OSHA claim, along with SPNG, SM and MM. It's based on a complaint filed by a Josie Cline, whose Linkedin listing describes her as a Public Relations and Communications Professional in the Milwaukee area. I have no idea what a PR person is doing filing an OSHA complaint. The only Google returns show that she is/was the Spongetech contact for Protect Your Waters, which describes Spongetech as a partner company"
http://www.protectyourwaters.net/activities/partners.php?action=detail&id=847
Ms Cline also appears on the SPNG creditor list, which shows a debt due her of $10,000.
Also, and I have no idea whatsoever if it has any application here, but The Whistleblower Protection Program operates under the auspices of OSHA.

Anyway, assuming that it's a real complaint, Kolevzon is probably entitled to coverage under the policy IN THAT ACTION. I vaguely recall the policy itself being listed as an exhibit in one of the docket items. I also vaguely remember it being far too long for me to justify paying pacer for.


I'm tryin ta think but nuttin happens......Curly, the deepest of the Stooges.

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