If you have not already done so,can you get back to Jim. Thanks

 -----Original Message-----
From: 	Derrick Jr., James  
Sent:	Monday, August 20, 2001 4:44 PM
To:	Sanders, Richard B.; White, Bonnie
Subject:	FW: Casey, John A. v. Nepco

Please let me have your recommendation re the possible extention of coverage.  Thank you. Jim

 -----Original Message-----
From: 	Cole, Rob  
Sent:	Monday, August 20, 2001 8:44 AM
To:	Derrick Jr., James
Cc:	Bouillion, James L.; Cole, Rob; Mathis, Ken; Studdert, James P.; Kendall, Earline
Subject:	Casey, John A. v. Nepco

Mr. Derrick, I am directing this email to your attention at the request of Mr. Jim Bouillion for consideration of extending coverage to Nepco, pursuant to the EMPLOYMENT PRACTICES LIABILITY ENDORSEMENT on our Directors & Officers policy.

We have reviewed the Petition wherein a former iron worker of Nepco alleges damages as a result of being terminated, in violation of Title 85 O.S. d 5.  The Plaintiff sustained an on the job injury on April 6, 2001, when he was struck by a crane.  He received workers compensation benefits.  He allegedly re-injured his back on June 15, 2001.  The Plaintiff alleges that "several hours after notifying his employer of re-injuring his back, Plaintiff was summarily terminated by Defendant."  The "Plaintiff alleges that a significant part of Defendant's decision to terminate him was because of his injury and because he exercised his rights under the Workers Compensation Act."  The Petition goes on to state that the Defendant's actions "were done in reckless disregard for the rights of the Plaintiff and/or were wanton and motivated by oppression, fraud and/or malice" and thus includes a count for punitive damages.  Suit is filed in Tulsa County, State of Oklahoma, with an Answer date of before September 4, 2001.

Our preliminary review of the Petition, absent any independent investigation or knowledge with respect to the allegations and the value placed on same, suggests there might be coverage for this loss under the Directors & Officers policy.  The definition of "WRONGFUL EMPLOYMENT PRACTICE" includes "the actual or constructive termination of a career opportunity, or employment discipline or evaluation in a manner which violates any local, state, or federal law, whether existing by statute or common law, or which breaches any implied contract to continue employment"...It is doubtful this matter would exceed the $1M policy deductible.

Please advise if you would like for us to extent coverage to Nepco.  According to the information provided, the matter has been assigned to Bonnie White of the Litigation Unit and is being overseen by Richard Sanders of ENA.

Thanks,

Rob Cole, Manager-Claims
ENA - Global Risk Markets
P.O. Box 1188 (77251-1188)
1400 Smith Street, EB2136F
Houston, Texas  77002
713-853-7739 (telephone)
713-646-2341 (facsimile)
Rob.Cole@Enron.com (email)