DECHERT LLP

ATTO RN EY S AT LA W

SA N FRA N CI S CO

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JOINDER AND OBJECTION 19-30088 (DM) 

25750479.3

Lily A. North (No. 260709)

DECHERT LLP 

One Bush Street, Suite 1600 

San Francisco, California 94104 

Telephone: 415.262.4500 

Facsimile: 415.262.4555 

lily.north@dechert.com 

Allan S. Brilliant (pro hac vice) 

Shmuel Vasser (pro hac vice) 

Alaina R. Heine (pro hac vice) 

DECHERT LLP 

1095 Avenue of the Americas 

New York, New York 10036 

Telephone: 212.698.3500 

Facsimile: 415.698.3599 

allan.brilliant@dechert.com 

shmuel.vasser@dechert.com 

alaina.heine@dechert.com 

Attorneys for State Farm Mutual Automobile Insurance 

Company and its affiliates and subsidiaries

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re:

PG&E CORPORATION and PACIFIC 

GAS & ELECTRIC COMPANY, 

 Debtors. 

□ Affects PG&E Corporation 

□ Affects Pacific Gas and 

Electric Company 

x Affects both Debtors 

* All papers shall be filed in the Lead 

Case, No. 19-30088 (DM).

Case No. 19-30088 (DM)

Chapter 11 

Jointly Administered 

JOINDER AND OBJECTION TO MOTION 

OF DEBTORS PURSUANT TO 11 U.S.C. §§ 

502(b)(9) AND 105(a), FED. R. BANKR. P. 

2002, 3003(c)(3), 5005, AND 9007, AND L.B.R. 

3003-1 FOR ORDER (I) ESTABLISHING 

DEADLINE FOR FILING PROOFS OF 

CLAIM, (II) ESTABLISHING THE FORM 

AND MANNER OF NOTICE THEREOF, 

AND (III) APPROVING PROCEDURES 

FOR PROVIDING NOTICE OF BAR DATE 

AND OTHER INFORMATION TO ALL 

CREDITORS AND POTENTIAL 

CREDITORS 

Hearing Date and Time: June 11, 2019 at 9:30 

a.m. (PT) 

Hearing Location: 450 Golden Gate Ave., San 

Francisco, CA, Courtroom 17 

Judge: Hon. Dennis Montali 

Related Docket Nos: 1784, 2043 

Case: 19-30088 Doc# 2238 Filed: 05/28/19 Entered: 05/28/19 13:45:08 Page 1 of

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JOINDER AND OBJECTION 19-30088 (DM) 

State Farm Mutual Automobile Insurance Company and its affiliates and subsidiaries 

(collectively, “State Farm”), as creditors and parties in interest in the above-captioned chapter 11 

cases of Pacific Gas and Electric Company (the “Utility”) and PG&E Corporation (“PG&E” and, 

together with the Utility, the “Debtors”), by and through its undersigned counsel, hereby file this 

limited joinder (the “Joinder”) to the Partial Objection of Ad Hoc Group of Subrogation Claim 

Holders (the “Subrogation Group Objection”) [ECF No. 2043], and objection to the Motion of 

Debtors Pursuant to 11 U.S.C. §§ 502(b)(9) and 105(a), Fed. R. Bankr. P. 2002, 3003(c)(3), 

5005, and 9007, and L.B.R. 3003-1 for Order (I) Establishing Deadline for Filing Proofs of 

Claim, (II) Establishing the Form and Manner of Notice Thereof, and (III) Approving Procedures 

for Providing Notice of Bar Date and Other Information to All Creditors and Potential Creditors 

(the “Debtors’ Motion”), including the Debtors’ proposed claim form to be used for insurance 

subrogation claims, attached thereto as Exhibit C-3 (the “Debtors’ Form”) [ECF No. 1784].1 In 

support of the Joinder and Objection, State Farm respectfully sets forth and represents as follows: 

JOINDER AND OBJECTION 

State Farm is one of the largest property and casualty insurers in the State of California 

and is believed to be the insurer holding the most insurance subrogation claims against the 

Debtors. State Farm’s claims are expected to be in the billions of dollars. 

State Farm does not object to this Court setting a bar date, or to the date proposed by the 

Debtors. State Farm’s objection relates solely to the proposed Debtors’ Form. State Farm files 

this objection because, among other things, the claim form proposed by the Debtors is ambiguous, 

burdensome, and requires information that is either not available or irrelevant. State Farm has 

been in communication with the Debtors’ counsel regarding the Debtors’ Motion and hopes and 

1

 Each capitalized term used but not defined herein shall have the meaning ascribed to it in the Subrogation Group 

Objection. 

Case: 19-30088 Doc# 2238 Filed: 05/28/19 Entered: 05/28/19 13:45:08 Page 2 of

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JOINDER AND OBJECTION 19-30088 (DM) 

expects that most, if not all, of the issues raised herein will be resolved consensually in a modified 

subrogation claim form to be filed by the Debtors’ prior to the hearing. Nevertheless, this Joinder 

and Objection is being filed to preserve any issue that is not so resolved. 

State Farm joins the Subrogation Group Objection and agrees that (i) any order granting 

the Debtors’ Motion should not provide for disallowance of any timely filed claim that does not 

meticulously follows the Debtors’ Form (i.e. no foot fault disallowance), (ii) creditors’ right to 

amend and supplement timely filed claims in compliance with prevailing legal precedent should 

be preserved, especially as the claim amounts grow on a daily basis as State Farm continues to 

pay claims filed by its policyholders, (iii) policy limits are irrelevant to the assertion of insurance 

subrogation claims, (iv) a property’s parcel ID may not be collected by State Farm and other 

insurers in the ordinary course of business, (v) insurers may not adjust reserves by loss type, or 

update reserves for individual insureds when individual claims are part of a catastrophic event, 

but rather maintain reserves for events like wildfires in the aggregate and therefore, the claim 

form should allow the assertion of bulk reserves in connection with a catastrophe event, (vi) the 

Debtors’ Form is not clear as to whether “reserves” relate solely to amounts reserved on 

individual claims, or to all projected losses associated with the fires; State Farm respectfully 

submits that the aggregate projected losses for each fire should be asserted as part of the claim, 

and (vii) the detailed supporting information required to be provided by Item 11 of the Debtors’ 

Form must be treated as confidential information by Prime Clerk and the Debtors, and may only 

be provided to the Court and the United States Trustee, and, on a professional eyes’ only basis, to 

the official committees. 

In addition to the issues identified by the Subrogation Group Objection, State Farm also 

requests that the Debtors (i) define the term “carrier group” used in Item 2 of the Debtors’ Form 

since it is not a term with a universally accepted definition, (ii) make available to State Farm (and 

Case: 19-30088 Doc# 2238 Filed: 05/28/19 Entered: 05/28/19 13:45:08 Page 3 of

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JOINDER AND OBJECTION 19-30088 (DM) 

other insurers that request it) at least three months prior to the bar date the electronic format in 

which the information required to be provided by Item 11 of the Debtors’ Form must be 

submitted or allow a period longer than ten (10) business days for the submission of the electronic 

file, (iii) revise the claims categories included in Item 10 of the Debtors’ Form to more closely 

align these categories with the types of insured losses as handled by insurers in their regular 

course of business: (a) Structure and Real Property Claims, (b) Debris Removal Claims, (c) 

Personal Property Claims, (d) Additional Living Expenses, Business Interruption, Loss of 

Use/Rent Claims, (e) Automobile, Rental, Loss of Use, Tow, Storage Claims, and (f) Other 

Claims. 

For the reasons stated herein, State Farm objects to the Debtors’ Motion as well as joins in 

the Subrogation Group’s Objection. 

RESERVATION OF RIGHTS

State Farm reserves the right to raise further and other objections to the Debtors’ Motion 

at the hearing as may be necessary or appropriate. 

DATED: May 28, 2019 

/s/ Shmuel Vasser

Allan S. Brilliant (pro hac vice) 

Shmuel Vasser (pro hac vice) 

Alaina R. Heine (pro hac vice) 

DECHERT LLP 

1095 Avenue of the Americas 

New York, New York 10036 

-andLily A. North (No. 260709) 

DECHERT LLP 

One Bush Street, Suite 1600 

San Francisco, California 94104 

Attorney for State Farm Mutual Automobile 

Insurance Company and its affiliates and 

subsidiaries

Case: 19-30088 Doc# 2238 Filed: 05/28/19 Entered: 05/28/19 13:45:08 Page 4 of

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JOINDER AND OBJECTION 19-30088 (DM) 

CERTIFICATE OF SERVICE 

I hereby certify on this 28th day of May, 2019, this document was filed through the 

Electronic Case Filing System of the United States Bankruptcy Court for the Northern District of 

California and will be served electronically by the court to the Registered Participants identified in 

the Notice of Electronic Filing (NEF). 

/s/ Shmuel Vasser

Shmuel Vasser 

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