EXHIBIT D

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IN THE UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF KENTUCKY 

LOUISVILLE DIVISION 

LEXINGTON INSURANCE COMPANY, 

Plaintiff, 

vs. 

THE AMBASSADOR GROUP LLC d/b/a 

AMBASSADOR CAPTIVE SOLUTIONS; 

GAGLIARDI INSURANCE SERVICES, INC.; 

GOLDENSTAR SPECIALTY INSURANCE, 

LLC; PERFORMANCE INSURANCE 

COMPANY SPC on behalf of GOLDENSTAR 

HOLDINGS COMPANY SP and on behalf of 

SMART INSURE SP; and BRANDON WHITE, 

Defendants. 

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Case No. 3:20-CV-00330-DJH-LLK 

Judge David J. Hale 

Magistrate Judge Lanny King 

STATE NATIONAL INSURANCE 

COMPANY, INC. and NATIONAL 

SPECIALTY INSURANCE COMPANY, 

Plaintiff-Intervenors, 

vs. 

THE AMBASSADOR GROUP LLC d/b/a 

AMBASSADOR CAPTIVE SOLUTIONS; 

BRANDON WHITE; PERFORMANCE 

INSURANCE COMPANY SPC; EPREMIUM 

INSURANCE AGENCY, LLC; and 

GAGLIARDI INSURANCE SERVICES, INC., 

Defendants in Intervention. 

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CONSENT ORDER TO MAINTAIN THE STATUS QUO 

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Plaintiff-Intervenors State National Insurance Company, Inc. and National Specialty 

Insurance Company (collectively “State National”) and Defendants in Intervention The 

Ambassador Group LLC d/b/a Ambassador Captive Solutions (“Ambassador”), Brandon White 

(“White”), Performance Insurance Company SPC (“Performance”), ePremium Insurance Agency, 

LLC (“ePremium”) and Gagliardi Insurance Services, Inc. (“Gagliardi”) (collectively, the 

“Defendants”) jointly request entry of this Consent Order, which is intended to maintain the status 

quo and protect the parties’ respective interests for the duration of this case. 

WHEREAS, State National has intervened in this action and has filed an Amended 

Complaint in Intervention against Defendants (ECF No. 47) seeking relief in connection with the 

following seven alleged fraudulent schemes, and as described and defined in the Amended 

Complaint in Intervention: 

a. The alleged counterfeit policies issued to Madera Residential, LLC (“Madera”) 

purporting to provide homeowners and personal liability insurance to residents in 

real estate developments across Texas (the “Madera Program”); 

b. The alleged counterfeit policies issued through Gagliardi purporting to provide 

accident and health and general liability, as applicable, insurance primarily to youth 

sports teams, leagues and athletes throughout the United States (the “Gagliardi 

Program”); 

c. The alleged counterfeit policies issued to Royal Waste Services, Inc. (“Royal 

Waste”) purporting to provide automobile, workers compensation and general 

liability fleet insurance for commercial waste removal operations in New York (the 

“Royal Waste Program”); 

d. The alleged counterfeit policies issued to Triangle Grading and Paving (“Triangle”) 

purporting to provide automobile, general liability and workers compensation 

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insurance for construction operations in the North Carolina area (the “Triangle 

Program”); 

e. The alleged counterfeit policies issued to Iron Woman Construction and 

Environmental Services, LLC (“Iron Woman”) purporting to provide automobile, 

general liability and workers compensation insurance for construction operations 

in the Colorado and Nevada areas (the “Iron Woman Program”); 

f. The alleged counterfeit policies issued to Omega Family Services (“Omega”) 

purporting to provide medical coverage to family surrogacy services clients in the 

California area (the “Omega Program”); and 

g. The alleged counterfeit policies issued through ePremium purporting to provide 

renters and property insurance coverage to ePremium and Sandhills Insurance 

Group, LLC d/b/a InsureStays clients who are tenants and property managers 

throughout the United States (the “ePremium Program”). 

WHEREAS, in connection with the seven alleged fraudulent schemes, State National seeks 

injunctive relief on its claims for: (1) trademark infringement, unfair competition and false 

designation of origin under the Lanham Act, 15 U.S.C. §§ 1125(a), 1116 and 1117; (2) indirect, 

contributory, and vicarious infringement under the Lanham Act, 15 U.S.C. §§ 1114, 1116 and 1117; 

(3) misappropriation of name under Kentucky common law; (4) deceptive trade practices and 

unfair competition under Kentucky, New York and Texas common law; and (5) insurance fraud 

under KRS §§ 304.47-020(1)(d), (1)(g) and (6); 

WHEREAS, Defendants represent and warrant that they are not currently issuing any 

policies or certificates in State National’s name connected in any way to the alleged Madera 

Program, Gagliardi Program, Royal Waste Program, Triangle Program, Iron Woman Program, 

Omega Program and ePremium Program; 

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WHEREAS, Defendants represent and warrant that there are no known claims currently 

pending against State National, and there is no known basis for any claims to be made against State 

National, in connection with the alleged Madera Program, Gagliardi Program, Royal Waste 

Program, Triangle Program, Iron Woman Program, Omega Program and ePremium Program; 

WHEREAS, without admitting any liability or any of the allegations set forth by State 

National, Defendants represent and warrant that, with the exception of the Madera Program, 

Gagliardi Program, Royal Waste Program, Triangle Program, Iron Woman Program, Omega 

Program and ePremium Program, they are not involved, and have not been involved, in any other 

insurance programs involving the use or sale of policies or certificates of insurance bearing the 

State National name; 

WHEREAS, State National represents and warrants that it never agreed to provide its 

authorization to any of the Defendants to issue any policies or certificates in State National’s name 

connected in any way to the alleged Madera Program, Gagliardi Program, Royal Waste Program, 

Triangle Program, Iron Woman Program, Omega Program and ePremium Program; and 

WHEREAS, State National and Defendants have agreed to the entry of this Consent Order 

based on the representations and warranties set forth herein, and without waiving any rights and 

expressly preserving all claims and defenses; 

 IT IS HEREBY ORDERED, ON CONSENT OF THE PARTIES: 

1. By entering into this Consent Order, State National is not limiting its claims and 

Defendants are not admitting liability or waiving any defenses or any other rights they have. 

Rather, this Consent Order is being entered into to avoid unnecessary judicial proceedings, 

preserve resources, maintain the status quo, and protect the parties’ rights pending further 

proceedings in this Court. 

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2. Defendants, their agents, employees, officers, attorneys, successors, assigns and all 

persons in active concert or participation with any of them shall not represent to anyone that State 

National issued any insurance policies or insurance certificates, or is responsible for any loss, with 

respect to the Madera Program, Gagliardi Program, Royal Waste Program, Triangle Program, Iron 

Woman Program, Omega Program and ePremium Program. 

3. Defendants, their agents, employees, officers, attorneys, successors, assigns and all 

persons in active concert or participation with any of them shall not issue any additional insurance 

policies or certificates bearing the State National name. 

4. Defendants, their agents, employees, officers, attorneys, successors, assigns and all 

persons in active concert or participation with any of them shall not use in any manner State 

National’s name in offering for sale, selling, distributing or advertising any and all goods or 

services, including, but not limited to, all insurance products, insurance policies, certificates of 

insurance, insurance forms or any other documents purporting to evidence insurance. 

5. Defendants, their agents, employees, officers, attorneys, successors, assigns and all 

persons in active concert or participation with any of them shall not transfer, diminish or dissipate 

monies received from the sale of any insurance policies or certificates bearing the State National 

name and received in connection with the Madera Program, Gagliardi Program, Royal Waste 

Program, Triangle Program, Iron Woman Program and Omega Program other than to adjust, pay 

or settle claims made by policyholders and certificate holders in the normal course. 

6. On or before October 23, 2020, Defendant ePremium shall either (a) secure 

replacement insurance coverage for any insurance policies bearing State National’s name in 

connection with the ePremium Program, such that another insurance carrier agrees to assume 

responsibility for any and all losses purportedly covered by State National at any point in time; or 

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(b) provide notice (1) by U.S. mail at their last known address, or (2) if no known address is 

available, via electronic mail, to each policyholder who was issued an insurance policy bearing 

State National’s name and to each certificate holder who was issued a certificate of insurance 

bearing State National’s name in connection with the ePremium Program, that the insurance 

policies and certificates bearing State National’s name are not effective and there is no coverage 

from State National under the policies and certificates. 

7. On or before October 23, 2020, Defendant Gagliardi shall either (a) secure 

replacement insurance coverage for any insurance policies bearing State National’s name in 

connection with the Gagliardi Program, such that another insurance carrier agrees to assume 

responsibility for any and all losses purportedly covered by State National at any point in time; or 

(b) provide notice (1) by U.S. mail at their last known address, or (2) if no known address is 

available, via electronic mail, to each policyholder who was issued an insurance policy bearing 

State National’s name and to each certificate holder who was issued a certificate of insurance 

bearing State National’s name in connection with the Gagliardi Program, that the insurance 

policies and certificates bearing State National’s name are not effective and there is no coverage 

from State National under the policies and certificates. 

8. This Consent Order shall remain in effect for the duration of this case. 

JUDGE DAVID J. HALE

 

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CONSENTED TO BY: 

Counsel for Plaintiffs-Intervenors State 

National Insurance Company, Inc. and 

National Specialty Insurance Company 

/s/ Peter J. Rosene 

Jack A. Wheat 

Peter J. Rosene 

McBRAYER PLLC 

500 W. Jefferson St., Suite 2400 

Louisville, KY 40202 

Phone: (502) 327-5400 

jwheat@mcbrayerfirm.com 

prosene@mcbrayerfirm.com 

- and – 

Steven T. Whitmer (pro hac vice) 

Julie L. Young (pro hac vice) 

LOCKE LORD LLP 

111 South Wacker Drive 

Chicago, IL 60606 

Phone: (312) 443-0700 

swhitmer@lockelord.com 

jyoung@lockelord.com 

Counsel for Defendants in Intervention The 

Ambassador Group LLC d/b/a Ambassador 

Captive Solutions and Brandon White

/s/ Elisabeth S. Gray 

Elisabeth S. Gray 

Brian P. McGraw 

MIDDLETON REUTLINGER 

401 S. Fourth Street, Suite 2600 

Louisville, KY 40202 

Phone: (502) 584-1135 

egray@middletonlaw.com 

bmcgraw@middletonlaw.com 

- and – 

Christopher E. Schaefer 

Douglas C. Ballantine 

Kevin A. Imhof 

STOLL KEENON OGDEN PLLC 

500 W. Jefferson Street, Suite 2000 

Louisville, KY 40202 

Phone: (502) 333-6000 

christopher.schaefer@skofirm.com 

douglas.ballantine@skofirm.com 

kevin.imhof@skofirm.com 

Counsel for Defendant in Intervention 

Performance Insurance Company SPC 

/s/ Elisabeth S. Gray 

Elisabeth S. Gray 

Brian P. McGraw 

MIDDLETON REUTLINGER 

401 S. Fourth Street, Suite 2600 

Louisville, KY 40202 

Phone: (502) 584-1135 

egray@middletonlaw.com 

bmcgraw@middletonlaw.com 

Counsel for Defendant in Intervention 

Gagliardi Insurance Services, Inc.

/s/ Ellen Arvin Kennedy 

Ellen Arvin Kennedy 

John M. Spires 

DINSMORE & SHOHL LLP 

100 West Main Street, Suite 900 

Lexington, KY 40507 

Phone: (859) 425-1000 

ellen.kennedy@dinsmore.com 

john.spires@dinslaw.com 

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Counsel for Defendant in Intervention 

ePremium Insurance Agency, LLC 

/s/ Donald J. Kelly 

Donald J. Kelly 

WYATT, TARRANT & COMBS, LLP 

400 West Market Street 

Suite 2000 

Louisville, KY 40202 

Phone: (502) 562-7327 

dkelly@wyattfirm.com 

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