United States District Court, D. Oregon, Eugene Division
O'CONNOR, MICHAEL D. HANDLER ATTORNEYS FOR PLAINTIFF
MAXUM INDEMNITY COMPANY
PARSONS FARNELL & GREIN, LLP JOHN D. PARSONS ATTORNEYS
FOR WORLD PAWN EXCHANGE, LLC
STIPULATION AND ORDER OF REFORMATION OF MAXUM
INDEMNITY COMPANY POLICY NO. BDG 0068496-01
Maxum Indemnity Company ("Maxum") and Defendant
World Pawn Exchange, LLC ("World Pawn") are parties
to the above-captioned proceeding ("Litigation").
Maxum and World Pawn shall be referred to herein collectively
as "Parties" and individually as "Party."
The Parties have conferred and discussed all subjects of this
Stipulation and proposed Order.
the Parties wish to stipulate to the existence of certain
relevant terms of the Policy as referenced in the Complaint
filed in this matter, subject to the limitations set forth
below, NOW, THEREFORE, the Parties AGREE AND STIPULATE as
Parties agree that the Policy is reformed to include Form
E3O2 that was referenced in the "Binder" dated
December 27, 2012, attached as Exhibit D to the Complaint in
this Litigation, and that this reformation of the Policy is
effective commencing on December 27, 2012. A copy of Form
E3O2 is attached hereto as Exhibit 1, Accordingly, the
provisions of the referenced Form E3O2 that are included in
the Policy state, in part, as follows:
LIMITATION ENDORSEMENT PAWNSHOPS
Exclusion-Firearms or Ammunition Products
This insurance does not apply to "bodily injury" or
"property damage" included in the
"products-completed operations hazard" and arising
out of firearms or ammunition.
other terms and conditions of the Policy remain unchanged,
and the Parties' agreement in Paragraph 1 of this
Stipulation is subject to the specific limitations set forth
in paragraph 3 below and subject to this Stipulation's
other terms and conditions;
Except for the Parties' agreement stated expressly in
Paragraph 1 of this Stipulation, nothing in this Stipulation
constitutes an interpretation of or an admission regarding
the Policy. Each Party reserves all of its rights concerning
the interpretation and application, if any, of the Policy to
the claims at issue in this litigation.
Stipulation cannot be used for any other purpose than
reformation of the Policy as agreed herein and/or as ordered
by the Court below, and therefore it cannot be used in any
litigation or with respect to any claim that does not involve
coverage under the Policy. Except to the extent specifically
set forth herein, the Parties do not intend to be bound by
this Stipulation as to any third party.
Other than as set forth herein, the Parties reserve all of
their respective rights and defenses and this Stipulation
shall not be construed as an express or implied admission
that coverage does or does not attach for any claims under
the Policy that are at issue in this Litigation.
STIPULATED AND AGREED: