SETTLEMENT AND RELEASE AGREEMENT 

This Settlement and Release Agreement ("Agreement") is made by, between, and among 

the following undersigned parties: 

The Plaintiff Federal Deposit Insurance Corporation as Receiver for First NBC Bank 

("FDIC-R"), and William D. Aaron, Jr, William Carrouche, Herman Moyse III, Grish Roy 

Pandit, Stephen Petagna, Richard M. Wilkinson, and Ashton J. Ryan Jr. (collectively the 

"Settling Individual Defendants"), and Zurich American Insurance Company ("Zurich"), Illinois 

National Insurance Company ("INIC"), Continental Casualty Company ("Continental"), Great 

American E&S Insurance Company ("Great American"), Federal Insurance Company 

("Federal"), U.S. Specialty Insurance Company ("USSIC"), XL Specialty Insurance Company 

("XL"), Freedom Specialty Insurance Company ("Freedom"), Markel American Insurance 

Company ("Markel"), and Berkshire Hathaway Specialty Insurance Company ("BHSI") 

( collectively the "Insurers") (individually, the FDIC-R, the Settling Individual Defendants and 

the Insurers may be referred to herein as "Party" and collectively as the "Parties"). This 

Settlement Agreement shall be effective as of the date last executed by any Party ("Effective 

Date"). 

RECITALS 

WHEREAS: 

Prior to April 28, 2017, First NBC Bank, New Orleans, Louisiana ("Bank") was a 

depository institution organized and existing under the laws of Louisiana, and a subsidiary of 

First NBC Hank Holding Company ("Holding Company"); 

On April 28, 2017, the Louisiana Office of Financial Institutions closed the Bank and 

pursuant to 12 U.S.C. § 1821(c), the Federal Deposit Insurance Corporation was appointed 

Receiver. In accordance with 12 U.S.C. § 1821(d), the FDIC-R succeeded to all rights, titles, 

powers and privileges of the Bank, including those with respect to its assets; 

Among the assets to which the FDIC-R succeeded were all of the Bank's claims, 

demands, and causes of action against its former directors, officers, and employees arising from 
the performance, nonperformance, and manner of performance of their respective functions, 

duties and acts as directors, officers, and employees of the Bank; 

On August 25, 2017 and September 11, 2017, the FDIC-R sent letters demanding 

payment of civil damages from former directors and officers of the Bank and the Insurers (the 

"Demand Letters"); 

The Parties participated in mediations in 2020 and 2023 pursuant to an October 22, 2019 

mediation protocol; 

On April 21, 2020, the FDIC-R filed a complaint for money damages against the Settling 

Individual Defendants, each of whom served at various times as a director and/or officer of the 

Bank, in the lawsuit captioned Federal Deposit Insurance Corporation as receiver.for First NBC 

Bank v. Ryan et al, Civil Action No. 20-cv-1253 (E.D. La.) ("FDIC-R Action"). Pursuant to 

Louisiana Revised Statutes § 22: 1269, the FDIC-R Action also asserted claims for damages 

directly against the Insurers that issued the following liability insurance policies ("Policies") to 

the Holding Company, which insured the directors and officers of the Bank according to the 

terms, provisions, and conditions of the Policies: 

(l) Zurich issued a primary insurance policy with Policy Number!L b4 -·-·-·-·-·-•- iand ·-·-·-·-·-·-· ·-·-·-·-·-·• 

policy limits of $15,000,000 for the period June 9, 2015 to December 31, 2016 ("2016 

Policy Period"); 

(2) INIC issued a first-layer excess insurance policy with Policy Number b4 

-•-·-·-·-·-·-·-·- i J and L--·-•-• ·-· • 

policy limits of $15,000,000 for the 2016 Policy Period; 

(3) Continental issued a second-layer excess insurance policy with Policy Number 

I -•-•-• . 

i b4 

- - - •-•

~nd policy limits of$10,000,000 for the period July 6, 2015 to December ··-·-·-·-·-·-·-·-·-·-·-·-·-·. 

31, 2016; 

(4) Great American issued a third-layer excess insurance policy with Policy Number 

i b4 ·-·-·-•-•-·-· :and policy limits of l 0,000,000 for the period July 6, 2015 to December 

L--·-·-·- -·-·-·-· • 

31, 2016; 

(5) Federal issued a fourth-layer excess insurance policy with a Policy Number of:___b4 __ __j 

2 
_

____ 

L_ __ b4 __ Jmd policy limits of $10,000,000 for the period July 6, 2015 to December 31, 

2016; 

(6) USSIC issued a primary insurance policy with Policy Number i b4 

·- ·- ·- ·- ·- ·- ·- ·-·

i 

··-·-·-·-·-·- ·-·- -·-·-·-·-·- ·i 

and policy limits of $10,000,000 for the period December 31, 2016 to December 31, 

2017 ("2017 Policy Period"); 

(7) XL issued a first-layer excess insurance policy with Policy Numbe1i  ~nd '·-·-·-·-·-·-·- -·-·-·-·-·-·-·-·-•-·-

policy limits of $10,000,000 for the 2017 Policy Period; 

(8) INIC issued a second-layer excess insurance policy with Policy Numberi  i

'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·• 

and policy limits of $10,000,000 for the 2017 Policy Period; 

(9) Freedom issued a third-layer excess insurance policy with Policy Number 

l________  -·--·-Jand policy limits of $10,000,000 for the 2017 Policy Period;

(10) Markel issued a fourth-layer excess insurance policy with Policy Number 

i  iand policy limits of $5,000,000 for the 2017 Policy Period i.-·-·-·-·-·-·-·-·-  ·- ·- ·- ·- ·-·-·- ·- ·-

(11) BHSI issued a fifth-layer excess insurance policy with Policy NumberL_ _______   ______ ___ ____ 

 nd policy limits of $5,000,000 for the 2017 Policy Period;

(12) lNIC issued a sixth-layer (Side-A Edge) excess insurance policy with Poli~y Number 

l_ ____________ -·-·--·-·-·iand policy limits of $5,000,000 for the 2017 Policy Period; and

(13) USSIC issued a seventh-layer excess insurance policy with Policy Number l________ ______ ___!

[__________ ___ ___ ___! and policy limits of $5,000,000 for the 2017 Policy Period.

(collectively, Zurich, INJC, Continental, Great American, Federal, USSIC, XL, Freedom, 

Markel, BHSI are refened to as the "Insurers" and individually as "Insurer") 

The Settling Individual Defendants have asserted claims for coverage under the Policies. 

The Insurers (other than Zurich under Policy Numberl ______________ b4 ·-·-·-·-·-·-·-· iand INIC under the 

$10,000,000 excess of $15,000,000 portion ofPolicy Numher[____________t.?.~---·-·----jdenied coverage 

for claims asserted by the FDIC-R against the Settling Individual Defendants. On May 17, 2023, 

the FDIC-R amended its complaint in the FDIC-R Action further detailing its allegations. The 

Settling Individual Defendants and Insurers have denied liability in the FDIC-R. Action; 

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Additionally, on January 3, 2022, the Settling Individual Defendants, among others, filed 

a declaratory action against INK;, Continental, Great American, and Federal (No. 22-cv-0009 

(E.D. La.)), seeking a declaration of their rights to coverage for those Policies issued for the 2016 

Policy Period, including with regard to claims asserted by the FDIC-R in the FDIC-R Action 

("Aaron Declaratory Judgment Action"). On February 14, 2022, the FD[C-R intervened in the 

Aaron Declaratory Judgment Action. On July 18, 2023, the Settling rndividual Defendants, 

among others, amended the Aaron Declaratory Judgment Action to also seek a declaration of 

their rights to coverage for the Policies issued for the 2017 Policy Period, including with regard 

to claims asserted by the FDIC-R in the FDIC-R Action. On July 21, 2023, the Court in the 

Eastern District of Louisiana consolidated the FDIC-R Action with the Aaron Declaratory 

Judgment Action (No, 22-cv-0009), which also has been consolidated with other related 

litigation (the "Consolidated Litigation"); 

On July 6, 2022, INIC filed a declaratory judgment action against certain former 

directors, officers, and employees of the Bank (No. 22-cv-02070 (E.D. La.)) seeking a 

declaration of its rights and obligations under its policy issued for the 2016 Policy Period, 

including but not limited to the claims asserted by the FDIC-R in the FDIC-R Action ("INIC 

Declaratory Judgment Action"). On August 18, 2022, the Court in the Eastern District of 

Louisiana consolidated the INIC Declaratory Judgment Action with the Aaron Declaratory 

Judgment Action (No. 22-cv-0009) as part of the Consolidated Litigation. The lN[C Declaratory 

Judgment Action and Aaron Declaratory Judgment Action are collectively referred to herein as 

the "DJ Actions." 

On December 7, 2023, the FDIC-R Action and DJ Actions were sua sponte dismissed 

without prejudice. 

The undersigned Parties deem it in their best interests to enter into this Agreement to 

avoid the uncertainty and expense of further litigation. 

NOW, THEREFORE, in consideration of the promises, undertakings, payments, and 

releases stated herein, the sufficiency of which consideration is hereby acknowledged, the 

4 
undersigned Parties agree, each with the other, as follows: 

SECTION I: Payment to FDIC-R 

A. As an essential covenant and condition to this Agreement, on or before thirty 

(30) calendar days following the Effective Date, the Insurers severally shall collectively pay, on 

their own behalf and on behalf of the Settling Individual Defendants, to the FDIC-R the sum of 

Twenty-five Million Dollars ($25,000,000.00) ("the Settlement Payment") as set forth in Exhibit 

A to this Agreement. The Settlement Payment shall constitute a debt due and owing the Federal 

Deposit Insurance Corporation, an agency of the United States, thirty days following the 

Effective Date. The debt shall be discharged by payment in full to the FDIC-R. 

B. The Insurers shall deliver the Settlement Payment to the FDIC-R either by check 

drawn on a domestic bank (as defined in 31 C.F.R. § 515.320) or electronic funds transfer 

pursuant to written instructions, including a tax identification number and contact infonnation 

for an individual who can orally confirm the payment instructions, as set forth in Exhibit B to 

this Agreement. 

C. Each Insurer's share of the Settlement Payment as set forth in Exhibit A to this 

Agreement is a several, not joint, payment obligation. Upon payment by each Insurer of its share 

of the Settlement Payment as set forth in Exhibit A the FDIC-R's release under Section III.A. 

and the Insurer's release under Section III.C. shall be effective as to the Insurer(s) who paid 

unless (1) the Agreement is not effective and the FDIC-R returns all amounts paid or (2) the 

FDIC-R terminates this Agreement and returns all amounts paid in accordance with Section 

LD.3 below. 

D. If the FDIC-R does not receive the Settlement Payment in full on or before the 

date determined by subsection A above, then the Insurer(s) who failed to make the payment shall 

be in default of the payment obligations ("Default") and interest shall accrue at the rate of five 

percent (5%) per annum or the rate calculated in accordance with 26 U.S.C. § 6621(a)(2), 

whichever rate is higher ("Default Interest Rate") on the unpaid total (i.e. unpaid amount of 

Settlement Payment together with all accrued interest) until paid in full, and the FDIC-R, in its 

5 
sole discretion, shall have the right to: 

1. Waive the Default and extend the period of time for any Insurer in Default 

to make the Settlement Payment in writing, including interest at the Default Interest Rate 

accruing from the date determined by subsection A above only with respect to unpaid amounts 

due; or 

2. Enforce this Agreement, including without limitation, by FDIC-R's 

motion to summarily enforce the agreed-upon settlement by the Court entering judgment against 

the Insurer(s) in Default for breach of the settlement agreement in the amount of the unpaid total 

(i.e. unpaid amount of Settlement Payment together with all accrued interest) together with the 

costs of collection and all of the FDIC-R's reasonable attorney's fees and costs incurred in 

enforcing the terms of this Agreement. In such event, the Insurer(s) in Default waive and 

covenant not to plead, argue, or otherwise assert any defense, claim or counterclaim of any kind 

whatsoever except the defense of payment of the Settlement Payment, in part or in full, to an 

action or motion to enforce this Agreement and agree to exclusive jurisdiction and venue in 

United States District Court for the Eastern District of Louisiana; or 

3. Terminate the Agreement by declaring it null and void, move to vacate 

any dismissal order, to which the Settling Individual Defendants and Insurers agree to consent, 

and re-institute an action on the FDIC-R's claims. The Settling Individual Defendants and 

[nsurers further agree to waive and covenant to not plead, argue, or otherwise assert any defense, 

claim or counterclaim of any kind whatsoever that did not exist or was otherwise unavailable as 

of the Effective Date, except the defense of payment of the Settlement Payment, in part or in full. 

lf the FDIC-R exercises its right to tem1inate this Agreement then the FDlC-R will return to each 

Insurer within thirty (30) calendar days of termination any and all amounts paid to the FDIC-R 

by such Insurer under this Settlement Agreement; and/or 

4. Seek any other relief available to it in law or equity against any Insurer 

that has not paid its share of the Settlement Payment. 

Any decision by the FDIC-R to extend the time, and any extension of time, under Section 

6 
LC.I for delivery of the Settlement Payment or any decision by the FDIC-R to accept a portion 

of the Settlement Payment, and any acceptance of a portion of the Settlement Payment, shall not 

prejudice the FDIC-R's rights to take any of the actions set forth in Section 1.D.1. through I.D.4. 

at any time prior to receipt of Settlement Payment (including all accrued interest) in full. 

SECTION H: Stipulation and Dismissal 

Within ten (10) business days after the latter of (l) full execution of this Agreement by all 

of the Parties, and (2) receipt of the Settlement Payment, plus any accrued interest, the FDIC-R 

shall file a motion for a dismissal with prejudice of the FDIC-R Action (No. 20-cv-1253), and 

the DJ Actions (Nos. 22-cv-0009 and 22-cv-2070) between and among the Parties pursuant to 

Fed. R. Civ. P. 4l(a)(2) which the undersigned attorneys for all Parties hereto consent with their 

client's authorization. 

SECTION IH: Releases 

A. The FDIC-R's Releases. 

Upon receipt of the Settlement Payment in full and except as provided in Section I.C. and 

Section m.D., the FDIC-R, for itself and its successors and assigns, hereby releases and 

discharges: 

1. The Settling Individual Defendants and their respective heirs, executors, 

trustees, administrators, representatives, successors, and assigns, from any and all claims, 

demands, obligations, damages, actions, and causes of action, direct or indirect, in law or in 

equity, belonging to the FDIC-R, that arise from or relate to, the performance, nonperformance, 

or manner of performance of the Settling Individual Defendants' respective functions, duties and 

actions as directors, officers, and employees of the Bank including without limitation the causes 

of action alleged or that could have been alleged in the FDIC-R Action, the DJ Actions or the 

Demand Letters. 

2. The Insurers, their respective parents, subsidiaries, affiliates and 

reinsurers, and their respective employees, officers, directors, agents, representatives, successors 

and assigns, from any and all claims, demands, obligations, damages, actions and causes of 

7 
action, direct or indirect, in law or in equity, that arise from or relate to: (a) the Policies; (b) the 

FDIC-R Action; (c) the DJ Actions; (d) the Demand Letters; (e) the facts, circumstances, 

situations, transactions and/or events underlying the FDIC-R Action, the DJ Actions or the 

Demand Letters; (f) any claims for coverage arising from the FDIC-R Action, the DJ Actions or 

the Demand Letters or facts, circumstances, situations, transactions and/or events underlying the 

FDIC-R Action, the DJ Actions or the Demand Letters; (g) the perfom1ance, non-perfonnance or 

manner ofperformance of any functions, duties or actions as directors, officers or employees of 

the Bank by any person insured by the Policies, including the Settling Individual Defendants; 

and (h) any claims for misrepresentation, fraud, indemnity, contribution, breach of contract, bad 

faith, breach of duty, negligence or damages of any kind whatsoever arising out of or related to 

the Policies or the FDIC-R Action, the DJ Actions or the Demand Letters or the facts, 

circumstances, situations, transactions and/or events underlying the FDIC-R Action, the DJ 

Actions or the Demand Letters. As part of this release of the Insurers, the FDIC-R agrees that 

any interest it may have under the Policies is extinguished. 

3. All other fom1er directors, officers, and employees of the Bank 

(collectively, the "Covered Persons") and their respective heirs, executors, trustees, 

administrators, representatives, successors, and assigns, from any and all claims, demands, 

obligations, damages, actions, and causes of action, direct or indirect, in law or in equity, 

belonging to the FDIC-R, that arise from or relate to, the perfonnance, nonperformance, or 

manner of perfonnance of the Covered Persons' respective functions, duties and actions as 

directors, officers and/or employees of the Bank, including without limitation the causes of 

action alleged in the FDIC-R Action. This release shall be null and void as to 

any Covered Person if such Covered Person asserts any claim against the FDIC-R. 

B. The Settlin_gJniUYt:s:hwl Defendants' Rele?)it.<~ 

Effective simultaneously with the release granted in Section m.A. above, the Settling 

individual Defendants, on behalf of themselves individually, and their respective heirs, 

executors, trustees, administrators, agents, representatives, attorneys, successors, and assigns, 

8 
hereby release and discharge: 

1. The FDIC-R, and its employees, officers, directors, representatives, attorneys, 

successors and assigns, from any and all claims, demands, obligations, damages, actions, and 

causes of action, direct or indirect, in law or in equity, that arise from or relate to, the Bank or to 

the performance, nonperformance, or manner of performance of the Settling Individual 

Defendants' respective functions, duties and actions as officers and/or directors of the Bank 

including without limitation the causes of action alleged in the FD [C-R Action, the DJ Actions, 

or the Demand Letters. 

2. The Insurers, their respective parents, subsidiaries, affiliates and reinsurers, and 

their respective employees, officers, directors, agents, representatives, successors and assigns, 

from any and all claims, demands, obligations, damages, actions and causes of action, direct or 

indirect, in law or in equity, that arise from or relate to: (a) the FDIC-R Action; (b) the DJ 

Actions; (c) the Demand Letters; (d) the facts, circumstances, situations, transactions and/or 

events underlying the FDIC-R Action, the DJ Actions or the Demand Letters; (e) any claims for 

coverage arising from the FDIC-R Action, the DJ Actions or the Demand Letters or facts, 

circumstances, situations, transactions and/or events underlying the FDIC-R Action, the DJ 

Actions or the Demand Letters; (f) the performance, non-performance or manner of performance 

of any functions, duties or actions as directors, officers or employees of the Bank by any person 

insured by the Policies, including the Settling Individual Defendants; and (g) any claims for 

misrepresentation, fraud, indemnity, contribution, breach of contract, bad faith, breach of duty, 

negligence or damages of any kind whatsoever arising out of or related to the Policies or the 

FDIC-R Action, the DJ Actions or the Demand Letters or the facts, circumstances, situations, 

transactions and/or events underlying the FDIC-R Action, the DJ Actions or the Demand Letters. 

C. The Insurers' Release. 

Effective simultaneously with the releases granted in Section In.A. above, the Insurers, 

for themselves individually and their successors and assigns, and on behalf of their parents, 

subsidiaries, affiliates and reinsurers, and their respective employees, officers, directors, agents, 

9 
representatives, and their successors and assigns, hereby releases and discharges: 

1. The FDIC-Rand its employees, officers, directors, agents, representatives, 

attorneys, successors, and assigns, from any and aH claims, demands, obligations, damages, 

actions, and causes of action, direct or indirect, in law or in equity, that arise from or relate to: (a) 

the Policies; (b) the FDIC-R Action; (c) the DJ Actions; (d) the Demand Letters; and (d) the 

facts, circumstances, situations, transactions and/or events underlying the FDIC-R Action, the DJ 

Actions, or the Demand Letters. 

2. The Settling Individual Defendants and their respective heirs, executors, trustees, 

administrators, agents, representatives, attorneys, successors, and assigns from any and all 

claims, demands, obligations, damages, actions, and causes of action, direct or indirect, in law or 

in equity, that arise from or relate to: (a) FDIC-R Action; (b) the DJ Actions; (c) the Demand 

Letters; (d) the facts, circumstances, situations, transactions and/or events underlying the FDICR Action, the DJ Actions or the Demand Letters. Provided, however, nothing in this paragraph 

(Section IU.C.2) is intended to act as a release or waiver of any potential coverage defenses 

under the Policies, including but not limited to coverage defenses in connection with warranties 

issued in connection with certain Policies. 

D. Exceptions from Releases by FDIC-R. 

1. Notwithstanding any other provision of this Agreement, the FDIC, in any 

capacity, does not release, and expressly preserves fully and to the same extent as if this 

Agreement had not been executed, any claims or causes of action: 

a. Against the Settling Individual Defendants or any other person or 

entity for liability, if any, incurred as the maker, endorser or guarantor of any promissory note or 

indebtedness payable or owed by them to FDIC-R, the Bank, other financial institutions, or any 

other person or entity, including without limitation any such claims acquired by FDIC-Ras 

successor in interest to the Bank or any person or entity other than Bank; and 

b. Against any person or entity not expressly released by the FDIC-R 

in this Agreement. 

10 
2. Notwithstanding any other provision of this Agreement, nothing in this 

Agreement shalt be construed or interpreted as limiting, waiving, releasing, or compromising the 

Jurisdiction and authority of the Federal Deposit Insurance Corporation in the exercise of its 

supervisory or regulatory authority or to diminish its ability to institute administrative 

enforcement or other proceedings seeking removal, prohibition, or any other relief it is 

authorized to seek pursuant to its supervisory or regulatory authority against any person. 

3. Notwithstanding any other provision of this Agreement, this Agreement 

does not purport to waive, or intend to waive, any claims that could be brought by the United 

States through the Department of Justice, the United States Attorney's Office for any federal 

judicial district, or any other department or agency of the United States as defined by 18 U.S.C. § 

6. In addition, the FDIC-R specifically reserves the right to seek court-ordered restitution 

pursuant to the relevant provisions of the Mandatory Victims Restitution Act, 18 U.S.C. §§ 3322 

and 3663 et. seq., if appropriate. 

SECTION IV: Waiver of Dividends and Proceeds from Litigation 

To the extent, if any, that Settling Individual Defendants are or were shareholders of the 

Bank or the Holding Company and by virtue thereof are or may be entitled to a dividend, 

payment, or other distribution upon resolution of the receivership of the Bank or proceeds in any 

litigation that has been or could be brought against the Federal Deposit Insurance Corporation in 

any capacity or against the United States based on or arising out of, in whole or in part, the 

closing of the Bank, or any alleged acts or omissions by the Federal Deposit Insurance 

Corporation in any capacity, the United States government, or any agency or department of the 

United States government in connection with the Bank, its conservatorship, or receivership, 

Settling Individual Defendants hereby knowingly assign to the FDIC-R any and all rights, titles, 

and interest in and to any and all such dividends, payments, or other distributions, or proceeds. 

SECTION V: Representations and Acknowledgements 

A. Authorized Signatories. All of the undersigned persons represent and warrant that 

they are Parties hereto or are authorized to sign this Agreement on behalf of the respective Party, 

[ 1 
and that they have the full power and authority to bind such Party to each and every provision of 

this Agreement. This Agreement shall be binding upon and inure to the benefit of the 

undersigned Parties and their respective heirs, executors, trnstees, administrators, representatives, 

successors and assigns. 

B. Advice of CounscL Each Party hereby acknowledges that he, she, or it has 

consulted with and obtained the advice of counsel prior to executing this Agreement, and that 

this Agreement has been explained to that Party by his or her counsel. 

SECTION VI: Reasonable Cooperation 

A. The Parties agree to cooperate in good faith to effectuate all the terms and 

conditions of this Agreement, including doing, or causing their agents and attorneys to do, 

whatever is reasonably necessary to effectuate the signing, delivery, execution, filing, recording, 

and entry, of any documents necessary to conclude the FD[C-R Action, the DJ Actions, and to 

otherwise perform the terms of this Agreement. 

SECTION VU: Other Matters 

A. No Admission ofLiabiljJy. The undersigned Parties each acknowledge and agree 

that the matters set forth in this Agreement constitute the settlement and compromise of disputed 

claims and defenses, that this Agreement is not an admission or evidence of liability, or 

coverage, or infirmity by any of them regarding any claim or defense, and that this Agreement 

shall not be offered or received in evidence by or against any Party except to enforce its terms. 

B. Comllerparts and Digital Signatures. This Agreement may be executed digitally 

by DocuSign or similar services which use public key cryptography or by hand, in counterparts 

by one or more of the Parties, and all such counterparts when so executed shall together 

constitute one and the same Agreement, as if one document had been signed by all Parties, and 

each such counterpart, upon execution and delivery, shall be deemed a complete original, 

binding the Parties subscribed thereto upon the execution by all Parties to this Agreement. 

Signatures delivered via email shall be treated as original signatures for all purposes. 

C. Choice of La\V. This Agreement shalt be interpreted, construed and enforced 

12 
according to applicable federal law, or in its absence, the laws ofthe State of Louisiana. For 

purposes of construing this Agreement, this Agreement shall be deemed to have been drafted by 

all Parties to this Agreement and shall not, therefore, be construed against any Party for that 

reason in any subsequent dispute. 

D. Notices. Any notices required hereunder shall be sent by nationally recognized 

overnight delivery service (e.g. FedEx or UPS), and by email, to the following: 

If to the FDIC-R: 

Douglas Lang 

Counsel, Legal Division 

Federal Deposit Insurance Corporation 

Arlington, VA 22226-3500 

Email: dlang@sgslitigation.com 

Andrew Shoemaker 

Paul Schwartz 

Shoemaker Ghiselli + Schwartz, LLC 

1811 Pearl Street 

Boulder, CO 80302 

Email: ashoemaker@sgslitigation.com; pschwartz@sgslitigation.com 

If to Settling Individual Defendants William D. Aaron, Jr, William Carrouche, Herman 

Moyse HI, Grish Roy Pandit, and Richard M. Wilkinson: 

Nancy Degan 

Brian M. Ballay 

Matthew S. Chester 

Baker, Donelson, Beannan, Caldwell & Berkowitz,PC 

201 St. Charles Avenue, Suite 3600 

New Orleans, LA 70170 

Email: ndegan@bakerdonelson.com; bballay@bakerdonelson.com; 

mchester@bakerdonelson.com 

If to Settling Individual Defendant Stephen Petagna: 

Richard T. Simmons, Jr. 

3445 North Causeway Blvd., Suite 800 

New Orleans, LA 70002 

Email: rsimmons@hmhlp.com 

13 
lfto Settling Individual Defendant Ashton J. Ryan, Jr.: 

Edward J. Castaing, Jr, 

Edward l Lilly 

Peter Castaing 

CruH, Castaing & Lilly 

2323 Pan-American Life Center 

601 Poydras Street 

New Orleans, LA 70130 

Email: ecastaing@cclhlaw.com 

ff to Insurer Zurich American Insurance Company: 

John W, Hite 

Salley, Hite, Mercer & Resor LLC 

365 Canal Street 

One Canal Place, Suite 1710 

New Orleans, LA 70130 

Email: jhite@shmrlaw.com 

If to Insurer Illinois National Insurance Company: 

Robert A. Benjamin 

Kaufman Borgeest & Ryan LLP 

875 Third Avenue, 5th Floor 

New York, New York 10022 

Email: rbenjarnin@kbrlaw.com 

If to Insurer Continental Casualty Company: 

Karen Ventrell 

Senior Litigation Attorney 

Corporate Litigation 

CNA 

2020 K Street, NW, Suite 750 

Washington, DC 20006 

kventrell@cna.com 

If to Insurer Great American E&S Insurance Company: 

Paul F. Matousek 

Walker Wilcox Matousek LLP 

One North Franklin Street 

Chicago, [L 60606 

pmatousek@walke1wi1cox.com 

If to Insurer Federal Insurance Company: 

14 
Michael Goodstein 

Bailey Cavalieri LLC 

10 W. Broad Street, Ste. 2100 

Columbus, OH 43215 

Email: mgoodstein@baileycav.com 

If to lnsurer U.S. Specialty Insurance Company: 

Leslie S. Ahari 

Stacey E. Rufe 

Werner Ahari Mangel LLP 

800 Connecticut Ave. NW, Suite 300 

Washington, DC 20006 

Emails: lahari@wam.law; srufe@wam.law 

If to Insurer XL Specialty Insurance Company: 

Kimberly M. Melvin 

John E. Howell 

Wiley Rein LLP 

2050 M Street NW 

Washington, DC 20036 

Email: kmelvin@wiley.law; jhowe1l@witey.law 

If to Insurer Freedom Specialty Insurance Company: 

Darius N. Kandawalla 

Bailey Cavalieri LLC 

10 W. Broad Street, Ste. 2100 

Columbus, OH 43215 

Email: dkandawa11a@baileycav.com 

lf to Insurer Markel American Insurance Company: 

Kimberly M. Melvin 

John E. Howell 

Wiley Rein LLP 

2050 M Street NW 

Washington, DC 20036 

Email: kmelvin@wi1ey.law; jhowell(d)wiley.law 

ff to Insurer BHSI: 

Andrew L. Margulis 

Ropers Majeski PC 

750 Third Avenue, 25th Floor 

New York, NY 10017 

15 
Email: andrew.marguHs@ropers.com 

E. Entire Agrgcmcnt and A111cndmcnts. This Agreement, including Exhibits, 

constitutes the entire agreement and understanding between and among the undersigned Parties 

concerning the matters set forth herein and supersedes any prior agreements or understandings, 

including but not limited to the Term Sheet signed by the parties on December 6, 2023. This 

Agreement may not be amended or modified, nor may any of its provisions be waived, except in 

writing signed by the Parties bound thereby, or by their respective authorized attomey(s), or 

other representative(s). 

F. Titles an~, Captions. All section titles and captions contained in this Agreement 

are for convenience only and shall not affect the interpretation of this Agreement. 

G. No Confidentiality. The undersigned Parties acknowledge that this Agreement 

shall not be confidential and will be disclosed pursuant to the Federal Deposit Insurance 

Corporation's applicable policies, procedures, and other legal requirements. 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

16 
FEDERAL DEPOSIT INSURANCE CORPORATION 

AS RECEIVER FOR FIRST NBC BANK 

BY: l

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! 

L._·-·-··7,-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·---·-·-: 

TITLE: LO(.{ ,v Sc::L 

PRINT NAME: '-J:;:>o w. 6 t. 4' S (] . I.. "1°flJ6 

17 
·

Date: 

WILLlA.1\1 CARROUCHE 

-----·----· ············•····· 

HERMAN MOYSE III 

Date: ••••....•••••• .. ••••••••_,,,,,_, •••••• • , •••••••••·• ·•·••·••·•·•,e•·•W•"•' •"•'" 

GRISH ROY PANDIT 

RICHARD M. 'W1LKINSON 

STEPHEN PETAGNA 

ASHTON J. RYAl"'l" .Tr. 

18 
---

l 

Date: 

;-·-·-·-·-WJLLlAMJJ't.AAR,QN:1J~---·--·-·-

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t_ ___ -· "''Il,LIAM ~i\:RR(5Uc:]IiI -·-·- __ ___/ 

Date: 

JIKRMAN MOYSE ill 

GIDSH ROY PANDIT 

Date: 

RICHARD M. WILKINSON 

STEPHEN PJ<:TAGNA 

ASHTON J. RYAN ,Jr. 

18 

Date: 

WILLIAM D. AARON, JR. 

Date: 

WILLIAM: CARR.OUCHE 

HERMA.1'11 MOYSE HI I -•-•-•-•-•-•-•-•-•-•-•-• ·•...,• -•-•-•-•-•-•-•-•-•-•-•-•-•-•--

! 

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:_ __ _GR:fSifRoY·Vi\NIJfr---·-·- t 

Date: 

RICHARD M. WILKINSON 

STEPHEN PETAGNA 

ASHTON J. RYAN Jr. 

!8 
DocuSign Envelope ID: 34E26C37-481B-4B93-9707-B08F212FD1 B2 

Date; 

WILLIAM D. AARON, .JR. 

Date: 

WILLIAM CARROUCHE 

Date: 

HERMAN MOYSE HI 

.......................................... ~ .... ~~~ 

GRISH ROY PANDIT 

Date: 12/22/2023 

STEPHEN PETAGNA 

Date: 

ASHTON J. RYAN Jr. 

18 
Date: -------"--

WILLIAM D. AARON, JR. 

Date: --- WILLIAM CARROUCHE 

Date: 

- - - - HERMAN MOYSE Ill 

Date: 

GRISH ROY PANDIT 

Date: _,_,,____ 

RICHARD M. WILKINSON - - -•- - - - - - • - - - - - - - - •- - - - • - - •- - - - -

; 

! 

'

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L--·-·-· . ·-·-·-·-·-·-·-·-· -·-·-·-·-·-·-·--- ----

STEPHEN PETAGNA 

Date: _____~ ASHTON J.RYAN Jr. 

18 

I 
i 

Date: 

WILLIAM D. AARON, JR. 

Date: 

WILLIAM CARROUCHE 

Date: 

HERMAN MOYSE IH 

Date: 

GRISH ROY PANDIT 

Date: 

RICHARD M. WILKINSON 

Date: 

STEPHEN PETAGNA .--·-·-·----·-·----·-·-·-----·-·- ---·-·-----·-·--, i i 

i i i i !i b6 i

Date:/.i$~ i ' i

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l·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·v·-·-·-·-·-·-·-·-·-·-·-·-i 

18 
Date: ................................. 

Date: 

ILLINOIS NATIONAL INSURANCE COMPANY BY 

AIG CLAIMS, INC. 

BY: 

TITLE: 

PR1NTNAME: 

CONTINENTAL CASUALTY COMPANY 

BY: 

TITLE: 

PRINT NAME: 

GREAT AMERICAN E&S INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

FEDERAL INSURANCE COMPANY 

BY: 

TITLE: 

PRlNTNAME: 

19 
Date: .............................. .. .. .... 

Date: 

ZUWCH AMEWCAN INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

CONTINENTAL CA§UALTY COMPANY 

BY: 

TITLE: 

PR1NTNAME: 

GREAT AJVflli:WCAN lli:,&S KN§.UR.ANCE COMP ANY 

BY: 

TITLE: 

PRINT NAME: 

FEDERAL INSURANCE COMPANY 

.BY: 

TITLE: 

?!UNTNAME: 

19 
Date: -~--

Date; ,,__~--

Date: ~-3..2024 

Date:==---

ZURICH AMERICAN INSURANCE COMPANY 

BY: 

TrTLE: 

PRINT NAME: 

ILLINOIS NATIONAL INSURANCE COMPANY BY 

AIG CLAIMS, INC. 

BY: 

TITLE: 

PRINT NAME: 

CONTINENTALCASUALT)~ COMPANY 

BY: ! b6 i 

' TITLE; AVP Claims, Financial Institutions/Public Compa~y D&O 

PRlNT NAME: K\mberly Fandrey 

GREAT AMERICAN E&S INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

FEDERAL INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

19 
----

----

Date: 

Date: 

Date: 

Date: 12/22/2023 

Date: 

ZURICH AMERICAN INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

ILLINOIS NATIONAL INSURANCE COMPANY BY 

AIG CLAIMS, INC. 

BY: 

TITLE: 

PRINT NAME: 

CONTINENTAL CASUALTY COMPANY 

BY: 

TITLE: 

PRINT NAME: 

GREAT AMERICAN E&S INSURANCE COMPANY 

By.i 

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' ' i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i 

TITLE: Vice President-Claims/Compliance 

PRINT NAME: Kathleen Van Deven 

FEDERAL INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

19 
ZURICH AMERICAN INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

ILLINOIS NATIONAL INSURANCE COMPANY BY 

AIG CLAIMS, INC. 

Date: BY: 

TITLE: 

PRlNTNAME: 

CONTINENTAL CASUALTY COMPANY 

Date: BY: 

TITLE: 

PRINT NAME: 

GREAT AMERICAN E&S INSURANCE COMPANY 

BY: 

TITLE: 

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p.S. .Sl'LCLA.1..TY.lNS.!Jl&Aj~_CJLCQ.M_e_c\NY 

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'.1:l:i~"Jii"Zlft1or1:7-,e cf. -~-£)« ,r;7_1i:fl. v-L.. k 

PIUNT NAM~tM; t f fl'l(Go loin c • 

Date: 

XL Sl'ECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

Date: 

FREEDOM SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRlNTNAME: 

Date: 

MARKEL INSURANCE COMPANY 

[3Y : 

TITLE: 

PRINT NAME: 

Date: 

BERKSHIRE l.lATHA WAY SPECIALTY 

INS URANCE COMPANY 

BY: 

TlTLL: 

PRJNT NAME: 
DocuSign Envelope ID: 3AD2EA30-4A52-4DF3-976C-6EF9EF90A6O9 

Date: 12/26/2023 •••••••••••••••••••• .... ••••• V 

Date: 

U.S. SPECIAL TY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

XL SPECIALTY INSURANCE COMPANY 

BY: 

TITLE:Senior Claims Specialist 

PRINT NAME: Melissa Morais 

FREEDOM SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

MARKEL INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

BERKSHIRE HATHAWAY SPECIALTY 

INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

20 
U.S. SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRlNTNAME: 

XL SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

FREEDOM SPECIALTY INSURANCE COMPANY 

BY:! b6 I 

1 

T!TL E: Director, Specialty & Professional Claims 

PRINT NAME: Brian Oubre 

MARKEL INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

BERKSHIRE HATHAWAY SPECIALTY 

INSURANCE COMPANY 

Date; BY: 

TITLE: 

PRINT NAME: 

20 
:

Date: 

Date: 

Date:

--

U.S. SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

XL SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

FREEDOM SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

{ AMcu 4-J . 

MARKEL 'INSURANCE COMPANY 

~h--H.«.h,.:L~~(_o._i_Q-_.,_ lvtc ,.,-rf"' d,,U' 

B~:1. - ·-·- b6 ·-·-·-·-·-- -·-·-1 

Tffte:- P iU'c-tQif~t:::~--1 

PRINT NAME: .J c.sa L4- -J. MACc..<-+,.N...,,,v,. 

BERKSHIRE HATHAWAY SPECIALTY 

INSURANCE COMPANY 

BY: 

TITLE: 

PRTNT NAME: 

20 
Date: 

Date: 

Date: 

Date: 

Date: 12122/202;} .. .... 

U.S. SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

XL SPECIALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

FREEDOM SPECIALTY .INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

MARKEL INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

BERKSHIRE HATHAWAY SPECIAL TY 

INSURANCE COMPANY 

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BY·: 1! 1 

1 

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TITLE: Senior Complex Claims; Director 

PRINT NAME: Cory Kerger 

20 
·

SIGNATURES OF' COUNSEL FOR PURPOSES OF' ~'ED. R.. CIV. P. 41(A)(2) 

DISl'vilSSAL: .--·- ·- ·-·-·-·-·-·-·- ·- ·- ·- ·- ·- ·- ·- ·-·-·- ·-·- ·- ·-·-·-·-·1 i i ; i b6 ;i i i i i 

! ! 

' ' i.,_,_____ __ ,_·-·-·-·-·-·-.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i----• 

Counsel for FDIC-R 

Counsel for William D. Aaron, Jr, William Carrouche, 

Herman Moyse m, Grish Roy Pandit, and Richard M. 

Wilkinson 

Counsel for Stephen Peta.gna 

Counsel for..Ashton J. Ryan Jr. • 

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tC~tiln)S'.~}'lDTZ..uncn·A11.rel'IC!Url!ISOrarrce-'CUmpany { 

/ 

Counsel for Illinois National Insurance Company 

Counsel forContinen.tal Casualty Company 

Coi.msel for Great American E&S Insurance Company 

Counsel for Federal Insurance Company 

Counsel for U.S. Specialty Insurance Coxnpany 

Zl 
! 

SIGNATURES OF COUNSEL FOR PURPOSES OF FED. R. CIV. P. 4l(A)(2) 

DISMISSAL: 

Counsel for FDIC-R r-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~ 

! i 

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! i ! i L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·. 

-----~··························...----

Counsel for William D. Aaron, Jr, William Carrouche, 

Herman Moyse m, Grish Roy Pandit, and Richard M. 

Wilkinson 

Counsel for Stephen Petagna 

Counsel for Ashton J. Ryan Jr. 

Counsel for Zurich American Insurance Company 

Counsel for Illinois National Insurance Company 

Counsel for Continental Casualty Company 

Counsel for Great American E&S Insurance Company 

Counsel for Federal Insurance Company 

Counsel for U.S. Specialty Insurarice Company 

21 
SIGNATURES OF COUNSEL FOR PURPOSES OF FED. R. CIV. P. 41(A)(2) 

DISMISSAL: 

Counsel for FDIC-R 

Counsel for William D. Aaron, Jr, William Carrouche, 

Hennan Moyse III, Grish Roy Pandit, and Richard M. 

Wilkinson 

Counsel for Ashton J. Ryan Jr. 

Counsel for Zurich American Insurance Company 

Counsel for Illinois National Insurance Company 

Counsel for Continental Casualty Company 

Counsel for Great American E&S Insurance Company 

Counsel for Federal Insurance Company 

Counsel for U.S. Specialty Insurance Company 

21 
·

SIGNATURES OF COUNSEL FOR PURPOSES OF FED. R. CIV. P. 41(A)(2) 

DISMISSAL: 

·------·······----•-············--

Counsel for FDIC-R 

------~~~ ••~............. .. .............-... ..~ ..... ·· .:·· >· ~-·-

Counsel for Wi1liam D. Aaron, Jr, William Carrouche, 

Herman Moyse Ill, Grish Roy Pandit, and Richard M. 

Wilkinson 

----:----::--···------········· ..............,...., ..." ...,....,,,,, 

Counsel for Stephen Petagua ·-----·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-, 

i

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•-·-~.:.,,.:m1XsSv.1-·:r.t,;1.r·~utvtv;-Kynn-·Jt: 

C~unsel for Zurich Anleri.can Insurance Company 

......................................... ......... 

Counsel for Illinois National Insurance Company 

Counsel for Continental Casualty Company 

Counsel for Great American E&S Insurance Company 

·---:--:--:---:·········---·····-· 

Counsel for U.S. Specialty Insurance Company 

21 
SIGNATURES OF COUNSEL FOR PURPOSES OF FED. R. CIV. P. 4l(A)(2) 

DISMISSAL: 

Counsel for FDIC-R 

Counsel for William D. Aaron, Jr, William Carrouche, 

Heiman Moyse III, Grish Roy Pandit, and Richard M. 

Wilkinson 

Counsel for Stephen Petagna 

Counsel for Ashton J. Ryan k 

Counsel for Zurich American Insurance Company 

! 

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~ert Benjamin, KBR 

l.-·-·~77·0·-·-·--_, ·-·-·-·-·-·-•s·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·llCe Company 

Counsel for Continental Casualty Company 

Counsel for Great American E&S Insurance Company 

Counsel for Federal Insurance Company 

- ----·······--·······························~· 

Counsel for U.S. Specialty Insurance Company 

21 
SIGNATURES O:F COUNSEL FOR PURPOSES OF FED. R. CIV. P. 41(A)(2) 

DISMISSAL: 

Counsel for FDIC-R 

Counsel for William D. Aaron, Jr, William Carrouche, 

Herman Moyse III, Grish Roy Pandit, and Richard M. 

Wilkinson 

•-·------------ Counsel for Stephen Petagna 

Counsel for Ashton J. Ryan Jr. 

Counsel for Zurich American Insurance Company 

__ C..mm.~d.fo_r__Uli.n9..i_s_.N.aJim1,al Insurance Company 

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l·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~ ·~~~~~~~~. Counsel for Continental Casualty Company 

Counsel for Great American E&S Insurance Company 

Counsel for Federal Insurance Company 

Counsel for U.S. Specialty Insurance Company 

2l 
SIGNATURES OF COUNSEL FOR PURPOSES OF FED. R. CIV, P. 41(A)(2) 

DISMISSAL: 

Counsel for FDIC-R 

Counsel for William Aaron, Jr, William Carrouche, 

Hem1an Moyse m, Grish Roy Pandit, and Richard M. 

Wllkinson 

.-.·,w•·•·• • ••• • • ••••• """""°'''' 

Counsel for Stephen Petagna 

Counsel for Ashton J. Ryan JL 

Counsel for Zurich American Insurance Company 

Counsel for Illinois National Insurance Company 

,•,•,•,•,•,•,•······················································ 

;·-·-· (\HU)se!_ fqr _Continc.ntrd Casualty Compaiw -·-·-·-·-·-·-·-·-·-! 

i ! ;i !

i 

b6 ! ! i ! 

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._ ____ Counsel tor Great Amen can· E&::i insurance -company 

Counsel for Federal Insurance Company 

Counsel for U.S. Specialty insurance Company 

2[ 
! 

SIGNATURES OF COUNSEL [i'OR PURPOSES 0~' :FED. R. CIV. P. 41(A)(2) 

DISMISSAL: 

____,,,,______~ 

Counsel for FDIC-R 

Counsel for William D. Aaron, Jr, William Carrouche, 

Herman Moyse III, Grish Roy Pandit, and Richard M. 

Wilkinson 

~~-~cc-----

Counsel for Stephen Petagna 

Counsel for Ashton J. Ryan Jr. 

Counsel for Zurich American Insurance Company 

Counsel for Illinois National Insurance Company 

Counsel for Continental Casualty Company 

Counsel for Great American E&S Insurance Company .-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·. 

i ! i ! i ! 

i ! 

;

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l·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i~~~~~ 

Counsel for Federal Insurance Company 

Counsel for U.S. Specialty Insurance Company 

21 
S.!GNATURES OF COUNSEL FOR PURPOSES OF FED. R CIV. P. 41(A)(2) 

DJSMlSSAL: 

Counsel for FD!C-R 

Counsel for William D. Aaron. k William Carrouche. 

Herman Moyse l!L Grish Roy Pandit, and Richard M. 

Wilkinson 

.,."__cccccccccc•••••••••••.. c•••••••• ....••••••••••••"w••••·"'""° 

Counsel for Stephen Petagnu 

Counsel for Ashlon J. Ryan JL 

•••••• •·••••••••.-. ••• ••••••••••••••••••••cw.•.••=""___,;..-.w.w 

Counsel for Zurich American Insurnnce Compl:lny 

•••••••••••cw.-,-,.-.,.,,.,v.,.,y.~c•.c-.w•c ••• • 

Counsel for Illinois National [11surn11ce Company 

Counsd for Great American E&S Insurance Company 

•················••;••·····••s •······••sss•,•,•.•.•.•.•.•:•.•:•••• 

--·-·-· Counsel_ for Federal_ Insurance_Company 

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i 

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i i i i 

;_______ lTfflTtserm-ru;.r,-:-,pFl.J1iltFTi'isTH'ii11 ce Compan,· t:.......>,·j'.. • • .< ~ 

Counsel for XL Specia ltv [nsurancc Company 

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L . CounselTor FreedomSpecialty" lnsura·nce Company 

Counsel for Ma rke l American ln surnnce Company 

Counsel for Berkshire Hathaway Specialty Insurance 

Company 

22 
Counsel for XL Specialty Insurance Company 

________......... , . 

Counsel for Freedom Specialty Insurance Company 

Counsel for Markel American Insurance Company .·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·- ' ' i i ; i b6 ;i i i i i i i 

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i 

Counsel for Berkshire Hathaway Specialty Insurance 

Company 

22 
XL 

EXHIBIT A 

Insurer Settlement Contribution ·-·-·-·-·-· Pol_icy_No.·-·-·-·-·-· 

USSIC $6,000,000.00 

$8,000,000.00 

INIC $5,000,000.00 

Freedom $2,000,000.00 

Markel b4 $250,000.00 

BHSI $250,000.00 

Conti nenta l $1,166,666.67 

Great American $1,166,666.67 

Federal $1,166,666.67 

L---·-·-·-·-·-·-·-·-·-•-·-·-•-·-·-·-·-·-·-·-·-·-• 

Settlement Amount $25,000,000.00 

23 
·

··· .. 

EXHIBIT B: PAYMENT INSTRUCTIONS 

FDIC-R TAX IDENTIFICATION NUMBER: 20-4267219 

BANK Federal Home Loan Bank of New York · ---..----- ROUTING# ! b5 i ···············;·:::::.::~-=::::.::::::::;;;;;;:;;:;::::::::::::..___~_~~--· ....... ...................--.....................-

FOR CREDIT TO FDIC National Liquidation Account ································ •••·· ········•""·••··---•@••··••···•·······l·~====--..,_________............................__._ .....__..,,1 

ACCOUNT# : 

! b5 )

: 

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i 

New York Main Office 

101 Park Avenue 

New York, New York 10178-0599 

! 212-681-6800 

f 212-441-6890 (Fax) 

IRE CVR .FUND N.UMB_ER (~9PE),!2~?~, 7 >••••••..••••~ •-----········•................................- --~ 

/ ASSETIDNUMBER ___ ..... i b5 -~i__________ 

!IIC CONTACT INFORMATION Sarah Rayfield C~-~-!__~ct #: 571-618-6211 ··········-···· ······--..··· .................. . 

l TRANSACTION DESCRIPTION Settlement Proceeds - D& 0 Tower Contribution 

24 
FDIC 

P.O. BOX 971774 

Dallas, Texas 75397-1774 ·-----------''-----------------""""""'""""""""'""'""'·'""- ···· 

-------------------------~"'---~ JPMorgan Chase (TXl-0006) 

ATTN: FDIC Receivership Lock Box# 971774 

14800 Frye Road, 2nd Floor 

RECVR FUND NUMBER (CODE) 10526 

·-·-·-·-·-·-·-·-·-·-·-·-·-·- ·- ·- ·-·-·- ·- ·- ·-'i'·'"''"'""""''''------------, 

ASSET ID NUMBER . bS : 

~~:;R~~~~~N- -~::1:::~~~~~l01 tr-ib-u-tio_n_ 

-------------------·-·--~.--

Fort Worth, Texas 76155 

~!~~~~~~- ___ 

25