IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION MICHAEL R. RAY Plaintiff CIVIL ACTION NO. G-05-550 Jury GARDEN STATE LIFE INSURANCE COMPANY, MIB GROUP, INC., (d/b/a Medical Information Bureau, a/k/a “MIB”), ZURICH LIFE INSURANCE COMPANY OF AMERICA, and CHOICE- § POINT, INC., § Defendants. § DEFENDANT MIB GROUP, INC.’S ANSWER, Al [RMATIVE DEFENSES ‘TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Defendant MIB Group, Ine. (hereinafter, “MIB”) and files its Answer to the Complaint, as follows: L Pursuant to Rule 12(b(2) of the Federal Rules of Civil Procedure, Defendant MIB moves that Plaintiff's Complaint be dismissed based on the lack of this Court's jurisdiction over it as it is not “present” within the State of Texas for jurisdictional purposes. Further and in the altemative, pursuant to Fed.R.Civ.P. 12(b)(6), Defendant MIB moves that Plaintiff's Complaint be dismissed as to Defendant MIB for failure to state a claim upon which relief can be granted. nL. Further answering, if such be necessary, Defendant MIB answers Plaintiff's Complaint in correspondingly numbered paragraphs, as follows:Defendant MIB admits the allegations contained in paragraph 1 of the Complaint. Defendant MIB acknowledges the subject matter jurisdiction of this Court. Defendant does not possess knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3 of the Complaint. Defendant MIB does not possess knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 4 of the Complaint. Defendant MIB does not possess knowledge or information sufficient to form a belief as to the truth of the allegations pertaining to Defendant Garden State Life Insurance Company. Defendant MIB denies that it is a conventional “CRA,” but admits that it is a “nationwide specialty consumer reporting agency” under the federal Fair Credit Reporting Act, as modified by the Fair and Accurate Credit Transactions Act of 2003, Defendant MIB denies the second sentence of the paragraph, but admits the Defendant MIB has operated a confidential insurance information exchange on behalf of its member insurance companies for over 105 years for the purpose of preventing insurance fraud, Defendant MIB further admits that its member companies provide information of underwriting significance in coded form relating to their applicants (proposed insureds) after such applicants are provided with an MIB pre-notice and they have provided affirmative consent to the release10, of their medical information in coded format by MIB as a “consumer report.” Defendant MIB admits that the principal office for the conduct of its business is located in Westwood, Massachusetts. Defendant MIB does not possess knowledge or information sufficient to form a belief as to the truth of the allegations pertaining to Defendant Zurich Life Insurance Company. Defendant MIB does not possess knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 of the Complaint. Defendant MIB does not possess knowledge or information sufficient to form a belief as to the truth or falsity of the allegations respecting Defendant Choicepoint, Defendant MIB admits that Defendants Garden state and Zurich reported coded information to Defendant MIB purporting to relate to Plaintiff's medical condition and insurability, and such information was disclosed to Plaintiff by Defendant MIB pursuant to his request under the Fair Credit Reporting Act, Sections 609 and 610. Defendant does not possess knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 10 of the Complaint. Upon information and belief, Defendant MIB believes that Plaintiff's alleged application (Exhibit A) to Allstate Life, an MIB member company, was withdrawn, Defendant MIB admits that Defendant Garden State Life received a copy of Plaintiff's MIB record on or about December 1, 2003, and Globe Life and Accident Insurance Company