Exhibit A: Complaint & Summons

Case 2:12-cv-00036-DLC Document 1-1 Filed 06/08/12 Page 1 of 19

Kyle Anne Gray
Michelle M, Su'livan
Ho:land & Hart LLP
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401 North 31st S<reet, Suite 1500
P,O, Box 639
Billings, MT 59103-0639
Telephone: (406) 252-2166
Fax: (406) 252-1669
ATTORNEYS FOR PLAINTIFF'
MONTANA'EIGHTEENTH JUDICIAL DISTRICT COUIn
GAU,ATIN COUNTY
PACIFIC HIDE & FU'R DEPOT, a )
Montana corporation, nlkla Pacific Steel )
& Recyecing; )
)
Plaintiff, )
)
v, )
)
GREAT AMERICAN INSURANCE )
COMPANY, a Delaware corporalion; )
CENTURY INDEMNlTY CO:.1PANY, II )
Pennsylvania corporation; CENTRAL )
NATIONAL INSURANCE CpMPANY )
OF OMAHA, a Nebraska corporation; )
and RESOLUTE MANAGEMENT INC, )
)
Defendants, )
SUMMONS
THE STATE OF MONTANA SENDS GREETINGS
TO THE ABOVE-NAMED DEFBND,\NT: Resolute Management Inc,
.You nrc; hereby summoned to answer the Complaint in this action which is :fired
io tbe offl oe of the Cl0rk of th is Court, a copy of which is herewith served ~ p o n you,
and to file yo"r answer and serve a copy lhe,eofupon the plaintiffs attorney within
twenty-ona (21) days after the service of this Slllllmons, exclusive of the day of service;
EXHIB1T_".!"A.:---
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and in ease of your failure to appear or answer, judgment will be taken against you by
, default, for the relief demanded in the ComplainL
WITNESS my hand and the seal of said Court this _ day of

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JENNIFER '
CLERK OF DIS')
(COURT SEAL)
Kyle Antle Gray
Michelle M, Sullivan
Holland &, Hart u.'
401 North 31st Street
Suite 1500
P. 0, Box 639
Billings, Montana' 59103-0639
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Case 2:12-cv-00036-DLC Document 1-1 Filed 06/08/12 Page 3 of 19
Kyle Anne Gray
Michelle M. Sullivan
Holland & Hart UP
401 North 31st Street, Sulle 1500
P.O. Bolt 639
Billings, MT 591030639
Telephone: (406) 2522166
Fax; (406) 252-1669
ATTORNEYS FOR PLAINTIFF
CALLATIN COUNTY.CLEflK
OF DISTil leT COUnT
JEIlNJFER BBA'100tl
lim f'lRV 2 AM 11 2a
FiLED
MONTANA ElGHTEENTIl JUDICIAL DISTRICT COURT
GALLATIN COUNTY
PACIFIC HIDE & FUR DEPOT, a )
Montana corporation, n/kJa Pacific Steel )
& Recycling; )
Plair,titT,
)
)
)
v. )
)
OREAT AMERICAN JNSURANCE )
COMPANY, a Delaware corpol'atio:l; )
CENTURY INDEMNITY COMPANY" )
Pennsylyania cor]Juration; CENTRAL )
NATlONAL INSURANCE COMPANY )
OF OMAHA, a Nebraska corporation; )
and RESOLUTE MANAGEMENT INC. )
)
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Defendants. )

COMl'LAINT AND JURY
DiCMAND
Plaintiff, oy and through its counsel of record, Holland & Hart LLP, for its
Complaint against Defendants, aUeges and "tatcs as follows;
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1. Pacific Hide & FUT Depot, n/kla Pacific Steel & ("Pacific") isa
corporation organized under the laws of the State of MontllDtl) with pJaces of business
in variOUfl counties including Gallatin Cuunty, Montana.
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2. Defendant Great American Insurance Company American") 1s an
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company dcing business in Montana.
3. Defendant Century Indemnity Company ("Centu!y lndemn:ty") is &n
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insurance company that conducted bl:slness in Montana.
4. Defendant CenlYai National Insurance Company of Omaha ("Central
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N.tional") is a corporation organized under tho laws oftbe State of Nebraska, wit.>, its
principal place of business in the Slate of Nebraska. At al! times herein.
Centra] National conducted business in Montan'a,
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5, Jefen(hmt Resolute Management) Inc. ("Resolute Management;') is n
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corporation engagee j 11 hal1dHng insurance dalms on behalf.or Century Indemnity and
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Central National in Montalla and other states.
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JURISDICTION AND VENTIE
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6.. Jurisdiction for Ihis action ;s proper with this Conrt because the actions at
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issue occurred in Gallatin County, Montana, and Montana is the place ;)f performance
cfthe subject insurance polic.jf!s.
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7, Venue far this sl:.it is ptoper in Gallatin County pursuant to Mont. Code
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Ann. 25-2-12\ and 122.
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GENERAL ALLEGATIONS TO ALL COUNTS
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8. The Department of Environmental Quali ly ("MDEQ"J identified
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certain t:ea1 prope11y located within of Bozeman, Montana as a site where
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hazardous substances had come to be located and rle5ignated the property as the CMC
Asbestos CECIcA Pacildy (the "Facility").
9. From 1956 to Pacific had leased a portion of the property at tbe
Facility and conducted certain recycling activities there. During that time, Pacific was
insured by the defendant insurance companies under policies of insurance that provided
coverage to Pacific fDr claims arising as a result of its activities at tbe Ff1Cility.
JO. The MDEQ identified Pacific as a potenlially Jiable party C'PLP ") for
release u::: threatened release of hazardous substances at the Facility. The desi gnatioL1 of
Pacif.e as a PLP subjected it to potential and probahle liahility to the State of Montana
and other parties for remediation natural resource da::nages! and other damages.
Il. Pacific notified Defendants of the above actions and re'illeSled that they
investigate the claims and potential claims against it and defend and indemnify it from
such claims,
12. Tbe City ofBozemall purchased property within the Facility b order to
build a new puhlic library, The City submitted a Voluntary Cleanup Plan ("VCP")
pursuant to the Montana Voluntary Cle.nup and Redevelopment Act in order to
remediate contamination within the Facility, The MDEQ approved the City's VCP On
December 20, 2002. and the Ci ty thereafter conducted U voluntary clean up of the
Facility.
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J. The City of Bozeman became the lead ptrSoa for the Facility ane incurred
s:gnificant remediation costs. On July 23, 2003, the City the MDEQ for aT
allocation of liability pursuant Ie the Monlnna Controlled Allocatioo 0 f Liability Act
("CALAn) (n order to mitigate its financial 'exposure and protect itself from further
and greater liability for dqmages and claims, including joint and for the
release Or threatened release of hazardous substances from the Facility) Pacific entered
into a Stipulated Agreement tllc City of Bozeman and other parties in August 2007,
which allocated a percentage-share of liability to each party; Including ashare of 15%
14, Pursuant w thc provisions of CALA and the S(iplilatcd Agreemeot; the
City of Bozemsn demanded that Pp,cific reimburse it for expenses the City in(;urfcd
dtirlOg (he voluntary clean up. In order to mitigate tts finandai exposure and pTotec"t
itself frDm further and greater liability for drunftges and claims. Pacific entered into an
Agreement and Release with the City of Bozeman if! whioh it Zlgreed to rel:nburse the
City of Bozeman the sum of $650,000,00, PacifJc paid that amount to the City of
Bozeman by eheci, dated July 13,2010.
15. Defendant Great American issued to Pacific at lease the following 15
generallinbil1ty policie!):
PoHcy Period
1957 - 1011166
12120155 - 12120166
121'20166 - 12120167
12120167 - 12120168
! 2120168 - 12120/69
Policy Number
LX83613 and UnloJOwr.
LX6267264
SLP 1-79-62-32
SLP 2-01-34-21
hopgtrJ?arlJagc .Lil]11ts
Unknown
$10,000
$10,000 per occurrence,
$100,000 aggregate
$10,000 per occurrence,
$100,000 aggregate
$100,000 pe, occurrence,
SIOO,OOO aggregate
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12120/69:- 12/20/70 SLP 2,014187 $100,000 per occurrence,
$100,000 aggregate
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12120170 - 12/20m 8LP 5-2':'99-98 $100,000 per occurrence,
$100,000 2ggregate
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12120/7] '. 12/20172 SLP5-40-0349 $100,000 per occurrence,
$100,000 aggregate
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12/20172 - 12/20/73 $100,000 pe, oeenrrence,
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$100,000 aggregate
12120173- 12120m SLP-54003519 $ J 00,000 pe, occurrence,
S \ 00,000 ,.ggregate
12/20174 - 12120175 SLp54003519 $100,000 per occurrence,
$100,000 aggregate
12/20(/5 - 12120176 SLP.-3203897 Un.k.1lcwn
12120/76 .- 12/20/77 SLp)202897 Unknown
16. Defendant Great American also issued to Pacific the foflowmg umbreUa
polices:
Policy period rolic". Number Property Dronogo Lirn;ts
3/23/7376 PR0665253I $1,000,000
3!2217612120176 PR09155265 Ullknmvn
PROS317033 Unkno\,m
17. The Employers Pire Insurance Company ("Employers") issued to Pacific
general liability policies for policy periods of January 1978 through December .1981.
These policies have ait been exhflUsted !hrough prior claims and settlements tr.ereof.
1B. . Tbe Home Insurance Company, alkia The Home Insura!lce Comp.ny in
Liquidalion ("I-lome"), issued to Pacific general liability policies for policy periods
from January 1982 through December 1989. Most of these policies were exhausted
through prior claims and settlements. HQme also issued umbrella policies to Pacific.for
policy periods from January 1987 through December 1939_ Home is nOW in liquidation
and has been enjoined from defending or indemnifying irs former policy holders,
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including Pacific, under any policies (including any such policies not already cxh,usted
that might otherwise be .pplicabic to Pacific', claims),
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Defendant Central National issued to Pacific tte following six umbrella
policies:
Policy Period
I/Jn8-79
IllnggO
1/1/80&1
1/1181-32
1/118233
1/1/8384
fQ!icy Number
CNU I 26694
CNUl26694
CNUl26694
CNU004786
CNUG04'186
CNUG04786
Property j)uluag;: Limits
$2,000,000
$2,000,000
SIO,OOD,OOO
$10,000,000
$ I 0,000,000
$lO,OOO,QOJ
The primary policie, for these policy periods arc either exhausted (Employers and
Home) Of unavailable due to liquidation (Home),
20, Dcfendant Century Indemnity i,,"ed to Pacific the following umbrella
policy:
Policy Period
Policy Number
PtOPeIW Damage Limits
1/1/34-85
CJU55J341
$: 0,000,000
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The primary policy for this policy period (Home) i. unavailable due to or
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liquidation,
2 J , Pacific notified Defendants of the MDEQ PLP leller and requested that
they lnvesligate the claims Rno. defend and indemnify Pacific,
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llrcnch of Contract (Great American)
22, Plaintiff realleges and incorporates by reference all of the allegations set
forth in the above paragraphs,
23, Gre.t Amer'ican insured Pacific under commercial general habi lily
policies issued to Pacific as the Named Insured under the policies listed above, The
policy periods for these poHdes) which appear to be re:1ewed policies. are from 1957 to
1917,
24. Great An:ericall also PscifiC under three umbrella policies issued
to iacific under the policies above. The PO;lCY periods ror thes.e ;>o\icies
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appear to be renewed policies, arc from March 23, 1973 to December 20, 1976,
25, Under the terms and conditions of the subject policies Great American
was required to inVestigate} defend. and Indemnify Pacific against part Or all of tbe
claims asserted against Pacific by the MDEQ and the City of Bozeman,
26, Pacific paid,the specified premiu:J1 and complied with all required terms
and conditions oHhe policies, By letterdated April 2005, Greal American denied
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coverage and refused to Pac; fie under any and all policies issued to it, Great
has breached the eontracts of insuranee by failing and refusing to fully
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investigate the claims and defend Or indemnify Pacific.
27. Pacific has been required to employ attorneys 2nd incli.r other costs tQ
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defend the claims brought against it by the MDEQ and the City af Bozeman and is
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entitled to ::ccovcr such costs in ail awount :Q be: determined at ldal. I

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28.. As a result of Great American's breach, Pacific \vas require.d to pay the
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City of the sum of $650,000 in order to m!tigatc its and settle the
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claims against it, Pacific 1S entitled to recover said sum, together with
and posl-j udgment interest.
29. By "irtue of its wrongful refusal 10 defend the claims, Great American is
estopped from raising any policy defenses oS 10 its duly to'indemnify Pacific.
preacb of Contract (COUllOJ. National)
30. Plaintiff reaHeges and incorporates oy all Df the allegations set
forth in the above paragraphs.
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3.1, Central National insured Pncific tinder umbre!1a policies issued to P3cific
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as the Named Insured under the policies liste. above. The policy periods for tbese
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which appear to be renewed policies. are from January 1, 1978 to 1,
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1984.
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32. Under"the terms and conditions of the subject poljcies Centrai National 1
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was reqllired to investigate, defend) and indemnify Pacific agaiqst part or all of the
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claims asserted against Pacific by the MDEQ the City of Bozeman.
33. By letter dated JUlle 9, 20{)4, On behalf of Central Nationarand Cenlmy
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Indemnity, Resolute Management acknowledged PaCific's claims and preliminarily
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accepted the dairn under reservatjon of pending further investigation,
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34. Pacille answered all of ResolutelCentraliCentury's further inquiries, end
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when ttle City of BozemaJl completed its work (lnl2 sought recovery front P acifjc
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Pacific brought the City'S de,mand to the al!ention of Resolute by letter from Pacific's
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counsel April 21, 2010, which letter renewed Pacific's demand thM Central

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National (and Century Imlc/lll);ly) defond and indemnify Pacific for tbe demands oflhe
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City as lead pe"son at (he Pacility. j
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35, Re$oiutelCentral/Century never responded to Pacific's April 21. 2010
demand letteL
36. Counsel for Pacific followed up by telephone onMay 5, 20lD with Mr.
Robert Russell at Resolute, who promised a written response and in the interim
instructed that Pacific should proceed to settle with the City for whatever it felt was a
good arnou:ll and seek recovery Jater from Reso!utelOi:ntral/Century. The prornised
written response never came.
17. By letter dated August 12, 2QI 0, Pacific informed
Resolute/Control/Century of its paymenl of.$650,OOO in settlement, asked for
reimbursernent
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and again requested that Resoh.l.te/Central/Century acknowled ge the
duty to defend and indemnify. No lesponse was ever received to letter.
38, P.cific paid the,spedfied premium and complied with all required terms
and conditions of the policies. Central National bas br.cached the contracts of insurance
by f.iEug and refusing to fully investigate the claims and defend or indemnify Pacific.
39, As a resuit of Central National's breach, Pacific has been required to
employ attorneys nnd inC1:.r other eosts to investjga!.e- and defend the claims brought
against it by the MDEQ and the City of Bozeman and 'is entitled to recover such costs in
an amount to be determined at trioJ.
40. As a res'll!t of Central National's breach, Pacific was required to pay the
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City of Bozeman O,e sun: 0[$650,000 to mitigate its damages and settle the claims
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against it. Pacific is entitled to recover said sum, together with and
judgment interest
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41. By virtue of its wrongflll refusal to defend the claims, Central National is
estopped from raising any pollcy defenses as to its duty to indemnify Pacific.
Ilrcach of Contract (Century Ind.mllM
42, Plzlnttff reallege!:; and incorporates by refe:ence ali of the set
forth in the above paragraphs.
43. Century Indemnity insured Pacific under a policy issued to Pacific as the
Named Insured and identified as Policy Number CIU550341. The policy period for this
was from January I, 1984 (0 JanuDry I, 1985.
44. tbe lerms and conditions of the subject policy Century Indemnity
was required to investigate, defend, aod :nder:mify Padfic against part or all of the
claims ",erted against Pacine by the MDEQ and the City of Bozeman,
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45 Pacinc paid rhe specified premiUID and complied with .11 required terms
and conditions of the policy, Century Indemnity has breached the contract of insuranoe
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by f.iling and refusing to fully investigate the claims and defend Or indemnify Pacific.
46. As a result of Century Indemnity's breach} Pacific has bee!l ret;.uired to I
emptoy attorneys and incur other costs to investigate and defend the cl8.imi;
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against it by the MDEQ and the City of Bozeman r.nd is entitled to recover such costs in
an arnol;r;t to be ,determined at trial.
47. As a result of Century Ind'emnity's breach, Pacific was required to pay the
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City of Bozeman the SlIn1 of $650,000 to mitigate its damages end set1le the cJaims
ngalnst it. Pacific is entitled to recover said sum, together with pre-judgment and post
jaugment inrerest, !
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48, By virtue of its wl'ongful refusal to defend the claims, Century Indemnity
is estopped from raising any policy defenses as to its duty to indemnify Paoific.
COUNTry
D.tlaratory ,Tudgmellt (Gre.t American)
49. Plaintiff realleges and incorporate, by reference all of the allegations set
forth in the above parngrapbs,
50, A dispute exists between Plaintiff and Defe:J.dant Greal American uS to
Plaintiff's rights under the subject insurance policies and Plaintiff Is therefore entitied
to bring this action for. declaratory judgment determining its rights under the subject
policies pursuant to the Unifaml Dec,aralcry Judgments Act, Title 27, Chapter 8,
Montana Code Annotated,
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Declal"utorv National)
51, Plaintiff reallege$ and incorporate, by reference a!) of the allegations set
forth in the above paragraphs. A dispute exists between Plaintiff and Defendant Central
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National as to Plaintiff's rights under the subject insLirance policies and Plaintiff is
therefore entitied to b;--ing this action for a declaratory judgment determining its rights
under the subject policies pursuant to the Uniform Declaratory Judgments Act, 27,
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Chapler 8, Montana Code Annotated.
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COUNT VI
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ll!W.at:."tvry Judgment Indem!:!l.n1
52" PI.intiff realleges and incorporates by referellce all of the allegations set
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forlh in tbe above paragraphs.
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53. A dispute exists between Plaintiff and Defendant Century indemnity as to
Plaintifrs rights under tbe subject insurance policy and Plaintiff is therefore entitled to
bring this action for a declaratory judg.'1lent deterrniui"g its rights under.the subject
policy pursuant to the Uniform Declaratory Judgments }\ct, Tille 27, Chapter 8,
Montana Code Annotated.
COUNT VII
Bad Faith aud Violation of the Unfair Trade Pta.etices Act
(Centr.! National and Resolute ManogalOen!\.
54. Plaintiff realleges and incorporates by reference all of the allega:ions set
forth In the above paragraphs,
55, At al; times relevant hereto, Defendant Resolute Management acted as
claims handling agent fot Defendant Central National, and in doing so was
together with Central National,. to act in good :aitllar.d comply witll the provisionS'of
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the Montana Unfa;; Trade Practices Act set forth in Title 33, Cbapter 18, Montana Cooe
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Annotated. Defendants Resolute Management and Central National breached the
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covenant of good faith "nd fair deaJing and/or violated the provismns of (he Unfair
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Trade Practices Act in various ways including, but not limited to, the following:
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a. Refusing to pay Pacific's claim without conducting a reasonable
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investigation based upon all avanable
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b. Failing to affirm or deny coverage ()f Pacific's claims within a
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reasonable time;
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c. Refusing to defend Pncific and neglecting to attempt in good faith
to effectuate fair, and equitable settleme!1l of claims
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which liability had become reasonably clear; and

56. Cent'l'ai National is jointly and severally liable for the condnct of Resoiute
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Management.
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57. Pacific has suffered damages t3 n resuit of the conduct of Resolute
Managemenland CentTal National.
58, Resolute Management and CentTal National acted with malice within the
teTms of !VI.on!' Code Ann. 27-1-220 and 221, and Pacific is tberefote entitled to an
award of punitive damages.
CQl1J'lT VIll
nad Faith and Violation of the Unfair Trade Prodices Ae!
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59 Plaintiff realleges end incorporates by reference ali of the al!egations sel
forth in the above paragraphs.
60, At all times relevant hereto, Defendant Resolute Managel1lent acted as
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claims handling agent for Defcnd.anl Centcr), Indemnity and in doing so was obligated, .
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together with Century Indemnity, to .c1 in good fahh and comply with the: provisior.s of
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the Monlana Unfair Trade Practices Act set forth in Title 33, Chapter :8, Montan. Code
Annotated. Defendants Resolute Managem.nt and Century Indemnity breached the
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covenant of good faith and fair dealing and/or violated the p,rovisions of lhe Unfair
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Trade Practlces Act In various ways including, bet not Bmited to) the following.
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a;, Refusing to pay Pacific's Glaim conducting a reasonable

investigation based upon all aVailable
b. Failing to or deny covenlgc of Pacific"s claims withb n
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reasonable time;
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c. Refusing to defend Pacific and oeglec:ting to attempt in good faith
to effc:;tuate prompt, fniT, and equitable settlement of ciaims in
which liability had becomo reasonably clear; and
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61, Century Iudemnity is jointly and severally liable for the conduct of
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Resolute l'v1anagen:e:nt.
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62. Paconc has suffered as a result of Resolute and
C-entury Indemnity's conduct
63. Resolute Management and Century lndemnity acted with roalice within tl:e
termS of MonL Code Ann. 27-1-220 and 221, and Pacific is therefore entitled te 31\
award of punitive damages.
PRAYER FOR REL!EF
WHEREFORE. Plainti:f prays for j.udgment again"t the Defendants as follows:
3. Dedaring that under the terms of its policies and the ia'.>v of
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lvlontaoa, Defendant Great American obHgaled to fully investigate tbt'c and !
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potential daims asserted against )lacific and to defe.nd and indemnify it.
h. ;)eclriflng that as 'a nsult of its wrongfal ref">lsal to fully
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. the claims and potential claim. ond to defend Pacific, Great American is estopped from
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raising any policy defenses as to its duty to Pacific, and is required to
reimburse Pacific for the sum of $650,000 paid to the City of and for Pacific'.
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costs of defense. i

c. Jeclaring th.t under t:on terms of its policies and tne law of
Montana) Defendant Cen(Tal National was ohligated to fully investigate the claims and
potential claims asserted against Pacific and to defend and indemnify it.
d. Declaring that as a result of its wfongfu'l refusal to fulJ y investigate
the claims {tr.d potential claims and to defend Pnciftc! Central Natlonal is estopped from
raising any poiioey defenses as to Its duty to indemRify Pacific, and is required tu
reimburse Pacific for the sum ofS6S0,OOO paid to the City of Bozeman and for Pacific's
cost> of defense.
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e, Deciadng that under the terms of its policies Rml tbe law of
Montana, Defendall! Century Indemnity was obligated to fdly investigate the claims
and potelltial claims against Pacific and to defend and indemnify jt,
f. Declaring (hal as u result of ito wrongful refusal:o fully investigate
tbe claims and potenlial claims aCod to defend Pacific, Century fndemnity is estopped
from raising any po:icy defenses us to its duty to indemnify Pacific
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am! is requi!'cd 10
reimburse Pacific for the sum of $650,000 paid to tbe Ci:y of Bozeman and for Pacific's
costs of defense.
g, Against Defendant Great American for breach of contract and
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awardiag Facinc a!! damages suffered by it in an amount to be determined at triaL
b. AgaInst DcfeOldant Central National for breach of contract aod
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,warding Paciflc aU dainages ,uff.red by it in an amount to he determined at trial.
i. Against Defendant Century Indemnity for bronco of contract and
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awarding Pacific all damage.s suffered by it in an amount to be determlned at tria.l.
j. Against Defendants Centra! National and Resolute Manacement for
bac faith and violation of the MO!ltana Unfair Trade Preetices Act, and awardbg Pacific
compensatory arid punitive drunages in an 3l,no'Unt to be determined nl triaL
k, Against Defendan: Century lndemnity and Resolute Management
for bad faith and vlolation of the Montana Un!nir Trade Prac.tices Act
j
aod awarding
Pacific compensa.tory and punitive damages in all amOUlJt to be. determined at triaL
L For and post-Judgment interest as allowed and
required by law.
15
Case 2:12-cv-00036-DLC Document 1-1 Filed 06/08/12 Page 18 of 19
m. For attorney's fees and costs incurred in bringing this
act! on,
e. For all such other and further relief as the Court deems just and
proper under the circumstances,
JURY DEMAND
l'!aintiff hereby demands trial by jury of alJ issues.
I
,
Dated ,his 1st day o:May, 2012.
:;"nne Gray
elle M. Sulllvan
1 OLLANJ) &, HART LLP
401 North 3Jst Street, Suite 1500
P.O. Box 6H
Billiogs, Montano 59 j 030639
A ,-rOT{}:J?YS FOR PLAJ><TIFF
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Case 2:12-cv-00036-DLC Document 1-1 Filed 06/08/12 Page 19 of 19