Manufacturers Alliance Insurance Company v. James River Insurance Company et al
| Manufacturers Alliance Insurance Company |
| James River Insurance Company, Samvel Hovhannisyan, Uber USA, LLC, Uber Technologies, Inc., 724 Lux Limo, Marine Arakelyan and Sandra Denton |
| 2:2021cv09224 |
| November 24, 2021 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Margo A Rocconi |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 73 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Counterclaims of Counterclaim Plaintiff James River Insurance Company #72 filed by Counter Claimant James River Insurance Company, Defendant James River Insurance Company. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A to Request for Judicial Notice)(Hafey, Matthew) |
| Filing 72 NOTICE OF MOTION AND MOTION to Dismiss Counterclaims of Counterclaim Plaintiff James River Insurance Company filed by Counterclaim Defendant Manufacturers Alliance Insurance Company. Motion set for hearing on 9/2/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Attorney in Support of Motion, #2 Memorandum of Points and Authorities in Support of Motion, #3 Proposed Order Proposed Order Granting Counterclaim Defendants' Motion to Dismiss and/or Strike) (Kamin, Marc) |
Filing 71
ORDER EXTENDING TIME TO RESPOND TO JAMES RIVER INSURANCE COMPANY'S COUNTERCLAIMS by Judge Dolly M. Gee: Upon Stipulation #68 , it is hereby ORDERED that Manufacturers Alliance Insurance Company may have until 7/14/2022 to answer or otherwise respond to James River Insurance Company's Counterclaims #64 . (gk)
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| Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less),, Stipulation for Extension of Time to File, #68 . The following error(s) was/were found: Rule 8-3 does not apply to answers, replies or other responses to cross-claims, counterclaims, third-party complaints or any amended or supplemental pleadings. Proposed order not submitted herewith. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 69 SUPPLEMENT to Stipulation Extending Time to Answer (30 days or less),, Stipulation for Extension of Time to File, #68 filed by Counter Defendant Manufacturers Alliance Insurance Company. (Kamin, Marc) |
| Filing 68 STIPULATION Extending Time to Answer the complaint as to Manufacturers Alliance Insurance Company answer now due 7/14/2022, re Counterclaim #64 , STIPULATION for Extension of Time to File Answer or Response to Counterclaims filed by Counter Defendant Manufacturers Alliance Insurance Company.(Kamin, Marc) |
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Filing 67
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. On June 15, 2022, the clerk entered default as to Defendants Samvel Hovhannisyan, Marine Arakelyan, and 724 Lux Limo #66 . The Order to Show Cause dated June 7, 2022 #62 is hereby discharged. Plaintiff shall move for default judgment within 30 days after a final disposition of the pending claims against all remaining Defendants. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 66 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Samvel Hovhannisyan, Marine Arakelyan, and 724 Lux Limo, on the First Amended Complaint. (gk) |
| Filing 65 APPLICATION for Clerk to Enter Default against Defendants 724 Lux Limo, Marine Arakelyan, Samvel Hovhannisyan filed by Plaintiff Manufacturers Alliance Insurance Company. (Attachments: #1 Affidavit of Attorney in Support of Application, #2 Exhibit A - mailing of FAC to Hovhannisyan, #3 Exhibit B - mailing of FAC to 724 Lux Limo, #4 Exhibit C - mailing of FAC to Arakelyan) (Kamin, Marc) |
| Filing 64 COUNTERCLAIM against Counter Defendant Manufacturers Alliance Insurance Company; Jury Demand, filed by Defendant and Counterclaimant James River Insurance Company.(Hafey, Matthew) |
| Filing 63 ANSWER to Amended Complaint/Petition, #57 filed by Defendant James River Insurance Company.(Hafey, Matthew) |
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Filing 62
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 6/14/2022 why this action should not be dismissed as to defendants Samvel Hovhannisyan, 724 Lux Limo, and Marine Arakelyan for lack of prosecution. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to defendants Samvel Hovhannisyan, 724 Lux Limo, and Marine Arakelyan if the above-mentioned document(s) are not filed by the date indicated above. See document for further details. Court Reporter: Not Reported. (gk)
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| Filing 61 ANSWER to Amended Complaint/Petition, #57 filed by Defendants Uber Technologies, Inc., Uber USA, LLC.(Collins, Michael) |
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Filing 60
ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #59 , it is hereby ORDERED that Defendant James River Insurance Company may have until 6/17/2022 to file its Answer to the First Amended Complaint #57 and any Counterclaim. (gk)
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| Filing 59 First STIPULATION for Extension of Time to File Answer to June 17, 2022 re Amended Complaint/Petition, #57 filed by defendant James River Insurance Company. (Attachments: #1 Proposed Order Extending time to Answer and file Counterclaim to June 17, 2022)(Hafey, Matthew) |
| Filing 58 NOTICE of Change of address by Matthew J Hafey attorney for Defendant James River Insurance Company. Changing attorneys address to 777 S. Figueroa Street, Suite 750, Los Angeles, CA 90017. Filed by Defendant James River Insurance Company. (Hafey, Matthew) |
| Filing 57 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Manufacturers Alliance Insurance Company (Attachments: #1 Exhibit A - MAICO Policy, #2 Exhibit B - Underlying Action Compl., #3 Exhibit C - Traffic Collision Report)(Kamin, Marc) |
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Filing 56
ORDER APPROVING STIPULATION TO FILE FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #55 , IT IS HEREBY ORDERED that Plaintiff is granted leave to amend and shall file its First Amended Complaint, a copy of which is attached as exhibit A to the stipulation, by 5/5/2022. Defendants' responsive pleadings shall be due within 30 days after the First Amended Complaint is filed. (gk)
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| Filing 55 STIPULATION to AMEND filed by Plaintiff Manufacturers Alliance Insurance Company. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Proposed Order Granting Stipulation to File FAC)(Kamin, Marc) |
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Filing 54
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dolly M. Gee. Case ordered to Magistrate Judge Margo A. Rocconi for Settlement Conference. ADR Proceeding to be held no later than 10/7/2022 (early mediation); 1/17/2023. Joint status report re settlement due by 10/14/2022 (joint report re results of early mediation); 1/24/2023. (gk)
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Filing 53
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 2/14/2023 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 3/14/2023 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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Filing 52
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on April 8, 2022. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 51 JOINT REPORT Rule 26(f) Discovery Plan with Schedule of Pretrial and Trial Dates Worksheet ; estimated length of trial 5 days, filed by Plaintiff Manufacturers Alliance Insurance Company.. (Kamin, Marc) |
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Filing 50
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Matthew J. Hafey (Nicolaides Fink Thorpe Michaelides Sullivan LLP) for Defendant James River Insurance Company in place of Attorneys Matthew J. Hafey (Nemecek & Cole) and Khrys Wu #49 . (gk)
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| Filing 49 REQUEST TO SUBSTITUTE ATTORNEY Matthew J. Hafey (Nicolaides Fink Thorpe Michaelides Sullivan LLP) in place of attorney Matthew J. Hafey (Nemecek & Cole) filed by defendant James River Insurance Company. (Attachments: #1 Substitution of attorney, #2 Proposed Order) (Hafey, Matthew) |
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Filing 48
ORDER APPROVING STIPULATION OF SANDRA DENTON TO BE BOUND BY JUDGMENT #46 by Judge Dolly M. Gee. IT IS HEREBY ORDERED that Sandra Denton will be bound by any judgment, order or other ruling in this action decreeing the rights, responsibilities, and obligations of the parties with respect to the issues raised in MAICO's Complaint in this action and acknowledges that this Court's rulings thereon will be binding upon her. See order for details. (lom)
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Filing 47
ORDER ADJOURNING RULE 16 CONFERENCE FOR 30 DAYS #45 by Judge Dolly M. Gee. IT IS HEREBY ORDERED that the Rule 16 Conference [Doc. # 32] scheduled for March 4, 2022 is continued to April 8, 2022 at 9:30 a.m. The parties shall file their Joint Rule 26(f) Report by April 1, 2022. (lom)
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| Filing 46 Stipulation of Sandra Denton to be Bound by Judgment filed by Plaintiff Manufacturers Alliance Insurance Company (Attachments: #1 Proposed Order Granting Stipulation of Sandra Denton to be Bound by Judgment)(Kamin, Marc) |
| Filing 45 First STIPULATION to Reschedule Rule 16 Conference filed by Plaintiff Manufacturers Alliance Insurance Company. (Attachments: #1 Proposed Order Proposed Order Adjourning Rule 16 Conference for 30 Days)(Kamin, Marc) |
| Filing 44 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Plaintiff's Notice of Errata to Complaint filed 2/8/2022 #42 . The document is accepted as filed. (gk) |
| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Errata #42 . The following error(s) was/were found: An Answer to Complaint was filed 1/18/2021. Plaintiff still had time to file an amended pleading as a matter of right at the time that this Errata was filed. A party may amend within 21 days after service of a responsive pleading. Once 21 days has passed, a party may amend only with written consent or leave of court. F.R.Civ.P. 15(a)(1)(B), 15(a)(2). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 42 NOTICE OF ERRATA filed by Plaintiff Manufacturers Alliance Insurance Company. correcting Complaint (Attorney Civil Case Opening) #1 (Arnold, Larry) |
| Filing 40 APPLICATION of Non-Resident Attorney Marc R. Kamin to Appear Pro Hac Vice on behalf of Plaintiff Manufacturers Alliance Insurance Company (Pro Hac Vice Fee - $500.00 Previously Paid on 1/26/2022, Receipt No. ACACDC-32683187) filed by Plaintiff Manufacturers Alliance Insurance Company. (Attachments: #1 Proposed Order) (Arnold, Larry) |
| Filing 39 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Marc R. Kamin to Appear Pro Hac Vice on behalf of Plaintiff Manufacturers Alliance Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32683187) #38 . The following error(s) was/were found: Case information is incomplete. DJ and MJ initials missing on application and proposed order. (lt) |
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Filing 41
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Marc R. Kamin to Appear Pro Hac Vice on behalf of Plaintiff Manufacturers Alliance Insurance Company, designating Larry, M. Arnold as local counsel #38 , #40 . (gk)
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| Filing 38 APPLICATION of Non-Resident Attorney Marc R. Kamin to Appear Pro Hac Vice on behalf of Plaintiff Manufacturers Alliance Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32683187) filed by Plaintiff Manufacturers Alliance Insurance Company. (Attachments: #1 Proposed Order) (Arnold, Larry) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), #35 . The following error(s) was/were found: Case number is incorrect or missing. The face of the document bears the case number 2:20-cv-07059-AB-GJS. The correct case number is 2:21-cv-09224-DMG-MARx. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 36 NOTICE of Interested Parties filed by Defendants Uber Technologies, Inc., Uber USA, LLC, identifying Uber Technologies, Inc.; Uber USA, LLC. (Collins, Michael) |
| Filing 35 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Uber Technologies, Inc., Uber USA, LLC.(Attorney Michael D Collins added to party Uber Technologies, Inc.(pty:dft), Attorney Michael D Collins added to party Uber USA, LLC(pty:dft))(Collins, Michael) |
| Filing 34 PROOF OF SERVICE filed by Plaintiff Manufacturers Alliance Insurance Company, re Initial Order Setting R26 Scheduling Conference - form only #32 served on 01/21/2022. (Arnold, Larry) |
| Filing 33 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Manufacturers Alliance Insurance Company, upon Defendant Sandra Denton acknowledgment sent by Plaintiff on 1/19/2022, answer due 2/9/2022. Acknowledgment of Service signed by Marc Kamin, Attorney for Sandra Denton. (Arnold, Larry) |
| Filing 32 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 2/18/2022. Scheduling Conference set for 3/4/2022 at 9:30 a.m. (See order for details.) (kti) |
| Filing 31 CERTIFICATE of Interested Parties filed by defendant James River Insurance Company, identifying James River Group Holdings, Ltd.; James River Group Inc.. (Hafey, Matthew) |
| Filing 30 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by defendant James River Insurance Company.(Hafey, Matthew) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Manufacturers Alliance Insurance Company, upon Defendant Samvel Hovhannisyan served on 1/17/2022, answer due 2/7/2022. Service of the Summons and Complaint were executed upon Eleonora Zurnajyan, wife in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Arnold, Larry) |
| Filing 28 STIPULATION Extending Time to Answer the complaint as to James River Insurance Company answer now due 1/21/2022, re Complaint (Attorney Civil Case Opening) #1 filed by defendant James River Insurance Company.(Attorney Matthew J Hafey added to party James River Insurance Company(pty:dft))(Hafey, Matthew) |
| Filing 27 STIPULATION Extending Time to Answer the complaint as to Uber Technologies, Inc. answer now due 1/21/2022; Uber USA, LLC answer now due 1/21/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company.(Arnold, Larry) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff Manufacturers Alliance Insurance Company, upon Defendant 724 Lux Limo served on 12/21/2021, answer due 1/11/2022. Service of the Summons and Complaint were executed upon Naira Ghazaryan, Director in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Arnold, Larry) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Manufacturers Alliance Insurance Company, upon Defendant Uber Technologies, Inc. served on 12/2/2021, answer due 12/23/2021. Service of the Summons and Complaint were executed upon Daily Montenegro, CT Corporation in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Arnold, Larry) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Manufacturers Alliance Insurance Company, upon Defendant Uber USA, LLC served on 12/2/2021, answer due 12/23/2021. Service of the Summons and Complaint were executed upon Daily Montenegro, CT Corporation in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Arnold, Larry) |
| Filing 23 PROOF OF SERVICE Executed by Defendant Manufacturers Alliance Insurance Company, upon Defendant Marine Arakelyan served on 12/2/2021, answer due 12/23/2021. Service of the Summons and Complaint were executed upon Marine Arakelyan in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Arnold, Larry) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Manufacturers Alliance Insurance Company, upon Defendant James River Insurance Company served on 12/2/2021, answer due 12/23/2021. Service of the Summons and Complaint were executed upon Rihard Schmitzer, President in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Arnold, Larry) |
| Filing 21 21 DAY Summons Issued re Complaint #1 as to Defendant Sandra Denton. (lom) |
| Filing 20 21 DAY Summons Issued re Complaint #1 as to Defendant Marine Arakelyan. (lom) |
| Filing 19 21 DAY Summons Issued re Complaint #1 as to Defendant 724 Lux Limo. (lom) |
| Filing 18 21 DAY Summons Issued re Complaint #1 as to Defendant Uber Technologies, Inc. (lom) |
| Filing 17 21 DAY Summons Issued re Complaint #1 as to Defendant Uber USA, LLC. (lom) |
| Filing 16 21 DAY Summons Issued re Complaint #1 as to Defendant Samvel Hovhannisyan. (lom) |
| Filing 15 21 DAY Summons Issued re Complaint #1 as to Defendant James River Insurance Company. (lom) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company. (Arnold, Larry) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company. (Arnold, Larry) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company. (Arnold, Larry) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company. (Arnold, Larry) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company. (Arnold, Larry) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company. (Arnold, Larry) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Manufacturers Alliance Insurance Company. (Arnold, Larry) |
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Filing 7
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Margo A. Rocconi. (ghap) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Manufacturers Alliance Insurance Company, (Arnold, Larry) |
| Filing 2 CIVIL COVER SHEET filed by Movant Manufacturers Alliance Insurance Company. (Arnold, Larry) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32384537 - Fee: $402, filed by Plaintiff Manufacturers Alliance Insurance Company. (Attorney Larry M. Arnold added to party Manufacturers Alliance Insurance Company(pty:bkmov))(Arnold, Larry) |
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