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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CENTURY INDEMNITY COMPANY, (AS SUCCESSOR TO CCI INSURANCE COMPANY, AS SUCCESSOR TO INSURANCE COMPANY OF NORTH AMERICA), Plaintiff, v. ANHEUSER-BUSCH, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 4:11-CV-1097 JURY TRIAL DEMANDED

COMPLAINT AND REQUEST FOR DECLARATORY JUDGMENT Plaintiff, Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America (Century), by its undersigned counsel, for its Complaint against Defendant, alleges as follows: NATURE OF ACTION 1. This is an action for declaratory judgment. Plaintiff seeks this Courts

determination concerning the scope and nature of its obligations, if any, as issuers of certain liability insurance policies to Defendant, Anheuser-Busch, Inc. (Anheuser-Busch). 2. This case arises out of multiple underlying asbestos-related bodily injury claims

and lawsuits (the Underlying Claims) brought against Defendant, for which Defendant has or may seek defense and/or indemnification from Plaintiff. 3. In connection with the Underlying Claims, for which Defendant now claims or

may claim coverage in the near future, an actual, justiciable controversy exists between the parties as to which a declaratory judgment setting forth their respective rights and obligations under the subject insurance policies is necessary and appropriate.

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THE PARTIES 4. Plaintiff Century is the successor to CCI Insurance Company, as successor to

Insurance Company of North America. Century is an insurance company organized under the laws of the Commonwealth of Pennsylvania, having its principal place of business in Philadelphia, Pennsylvania. At all times relevant to this action, Century was authorized to conduct business in the State of Missouri, including within the Eastern District. 5. Upon information and belief, Defendant Anheuser-Busch is, and at all times

relevant to this Complaint was, a Missouri corporation whose principal place of business is located in St. Louis, Missouri. JURISDICTION AND VENUE 6. This Court has original jurisdiction over this declaratory judgment action based

upon 28 U.S.C. 1332(a) and 28 U.S.C. 2201 et. seq. The amount in controversy exceeds, exclusive of interest and costs, the sum of $75,000. 7. Venue is proper in this Court pursuant to 28 U.S.C. 1391(a). THE UNDERLYING ASBESTOS-RELATED BODILY INJURY CLAIMS 8. Upon information and belief, asbestos-related bodily injury claims have been and

may in the future be asserted by various private-party claimants for compensatory and punitive damages and other legal and/or equitable relief against Defendant as a result of alleged exposure to asbestos or asbestos-containing products at an Anheuser-Busch facility. 9. Upon information and belief, generally, the underlying claimants allege that they

were exposed to asbestos or asbestos-containing products at an Anheuser-Busch facility as far back as 1940 and as recently as the 1990s.

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10.

A list of known underlying asbestos lawsuits brought against Defendant is

attached hereto as Exhibit A. 11. Defendant has sought insurance coverage from Plaintiff for some or all of those

asbestos-related bodily injury claims. 12. Defendant has asserted or may assert that Plaintiff is or may be obligated to

defend Anheuser-Busch and/or assume liability for defense costs incurred or to be incurred by Anheuser-Busch in connection with present and future asbestos-related bodily injury claims. 13. Anheuser-Busch has asserted or may assert that Plaintiff is or may be obligated to

indemnify Anheuser-Busch for any judgments or settlements in connection with AnheuserBuschs liabilities arising out of some or all of the asbestos-related bodily injury claims. PLAINTIFFS INSURANCE POLICIES AT ISSUE 14. This Complaint stems from certain excess insurance policies issued by Century

(through its predecessor in interest, Insurance Company of North America) to Anheuser-Busch for the policy years 1980 through 1992 (the Century Policies). 15. The Century Policies are excess and/or umbrella policies which are excess of the

limits of certain underlying insurance policies and/or retained limits, depending on the purported potential coverage, if any, implicated by the underlying claim. 16. 17. A list of the Century Policies is attached hereto as Exhibit B. Upon information and belief, the Century Policies were brokered, negotiated,

contracted for and issued in Missouri. 18. Upon information and belief, many key witnesses and documents relevant to the

subject matter of this action are located in Missouri.

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19.

Upon information and belief, to the extent that Anheuser-Busch properly has

tendered claims to Plaintiff for asbestos-related bodily injury under the Century Policies, Plaintiff has timely and properly reserved its right to disclaim coverage. SUMMARY OF CLAIMS 20. Upon information and belief, there are disputes between Plaintiff and Defendant

regarding Plaintiffs obligation, if any, to indemnify Defendant for losses resulting from the Underlying Claims, to reimburse Defendant for defense costs expended in connection with the Underlying Claims, and to provide Defendant a defense against the Underlying Claims. Plaintiff contends that it has no such obligation for some or all of the Underlying Claims. Alternatively, if Plaintiff is found to have any such obligation, Plaintiff contends that these obligations are limited pursuant to the terms, conditions and exclusions set forth in the Century Policies. Upon information and belief, Defendant disputes Plaintiffs contentions. 21. As such, an actual, immediate, and justiciable controversy exists between Plaintiff

and Defendant concerning their respective rights and obligations, if any, under the Century Policies with respect to some or all of the underlying asbestos-related bodily injury claims. 22. Pursuant to 28 U.S.C. 2201 et. seq, Plaintiff is entitled to a judicial

determination concerning the scope and nature of its rights and obligations, if any, under the Century Policies with respect to some or all of the Underlying Claims. COUNT I (Declaratory Judgment) 23. Plaintiff incorporates herein by reference paragraphs 1 through 22 set forth above

in this Complaint. 24. Plaintiff seeks a declaration that under the express terms, conditions, and

exclusions contained in the Century Policies, Plaintiff has no obligation, either in whole or in -4-

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part, to defend and/or indemnify Defendant for losses resulting from asbestos-related bodily injury claims arising out of the alleged exposure to asbestos at an Anheuser-Busch facility, which have been asserted, or which may be asserted, against Defendant because, among other things: (a) the asbestos-related bodily injury claims asserted against Defendant do not

constitute claims for personal injury, bodily injury, or property damage that took place during the applicable periods of the Century Policies; (b) the asbestos-related bodily injury claims asserted against Defendant do not

arise out of an accident or occurrence as required by the Century Policies; (c) some or all of the asbestos-related bodily injury claims asserted against

Defendant do not constitute claims for damages because of personal injury, bodily injury, and/or property damage within the meaning of the Century Policies; (d) some or all of Defendants alleged damages do not constitute ultimate net

loss as defined in the Century Policies; (e) on information and belief, some or all of Defendants expense, loss or

obligation was voluntarily incurred, without the consent of Plaintiff, thus barring coverage under the Century Policies; (f) to the extent that some or all of the insurance recovery sought by

Defendant is for liability associated with punitive damages or civil or criminal penalties or fines, coverage is barred by applicable law, public policy, the language of the Century Policies, and by the excess fines, due process and equal protection clauses of the United States Constitution, and the Constitution of the State of Missouri, and other states;

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(g)

to the extent that Defendant is and/or will be seeking insurance recovery

for liability arising out of events, acts, occurrences, transactions, losses or claims which were in progress or were not contingent or unknown at the time of the issuance of the Century Policies, recovery is barred by applicable law, public policy, and the language of the Century Policies; (h) Defendant is not entitled to coverage under some or all of the Century

Policies to the extent that Defendant or those persons acting on its behalf have made misrepresentations, including, without limitation, those deriving from the failure to disclose material facts, in the course of procuring such insurance policies, regarding the nature of Defendants business operations and/or existing or known asbestos problems resulting from those practices and operations; (i) coverage is not afforded under the Century Policies for any individual or

entity which is not expressly identified therein as a named or additional insured; (j) Defendant is not entitled to coverage under the Century Policies to the

extent it has failed to mitigate and/or avoid any of the losses sustained in connection with the asbestos-related bodily injury claims; (k) coverage is barred to the extent that any asbestos-related claim or claims

asserted against Defendant resulted from Defendants violation of statute, regulation, ordinance or public policy; (l) to the extent that the asbestos-related bodily injury claims against

Defendant constitute claims for liability assumed by Defendant under any contract or agreement, such claims may not be within the scope of coverage otherwise afforded by the Century Policies; (m) coverage is precluded under the Century Policies to the extent that any

asbestos-related claim arose out of Defendants willful or intentional conduct;

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(n)

there is no coverage under the Century Policies to the extent that the

insured failed to satisfy conditions precedent, including without limitation, the failure to furnish Plaintiff with prompt and adequate written notice of any alleged occurrence, and immediate notice of all claims or suits as required by the terms and conditions of the policies; (o) there is no coverage under the Century Policies for the Underlying Claims

to the extent that they contain asbestos exclusions; (p) there is no coverage under the Century Policies to the extent that the

insured failed to consult with and obtain prior consent from Plaintiff before entering into any agreements, incurring any legal costs, or assuming any obligations with respect to any claims for which they seek reimbursement or indemnity, or to the extent that the insured has breached its duty to cooperate; (q) there is no coverage under the Century Policies to the extent that the

insured has impaired Plaintiffs rights of subrogation, indemnity or contribution; (r) there is no coverage under the Century Policies to the extent that any

applicable statute of limitations or contractual limitation period has expired; (s) there is no coverage under the Century Policies to the extent that the

Underlying Claims seek injunctive or equitable relief (including the costs of complying with equitable relief or government regulations or directives) or for settlements or judgments with respect thereto; (t) coverage is barred under the Century Policies to any extent that the

Underlying Claims are claims for which the insured may be held liable under any workmens compensation, unemployment compensation or disability benefits law, or under any similar law;

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(u)

coverage is barred under the Century Policies to the extent the Underlying

Claims seek recovery for bodily injury to an employee of the insured arising out of and in the course of the claimants employment by the insured; (v) with regard to the Century Policies, Plaintiff further asserts and

incorporates herein by reference any and all defenses to coverage that may be asserted under the terms, conditions and exclusions of any underlying insurance policies, to the extent that the Century Policies follow form to or incorporate the provisions of such underlying policies; (w) coverage is barred under the Century Policies to the extent that the insured

settled any underlying asbestos-bodily injury claim where the underlying claimant had not shown sufficient evidence of exposure to asbestos, the insureds product, and/or the insureds premises, or was otherwise unreasonable; (x) coverage is precluded under the Century Policies to the extent that any

terms, conditions, definitions, exclusions, and endorsements of said policies apply to Defendants asbestos-related bodily injury claims. COUNT II (Declaratory Judgment) 25. Plaintiff incorporates herein by reference paragraphs 1 through 24 set forth above

in this Complaint. 26. As set forth in Count I above, Plaintiff has no obligation under the Century

Policies, either in whole or in part, to indemnify Defendant for losses arising in connection with the Underlying Claims, to reimburse Defendant for defense costs incurred in defending such Underlying Claims, or to provide Defendant a defense against such Underlying Claims. In the alternative, if such an obligation is found to exist for some such losses under some or all of the Century Policies, Plaintiff seeks a declaration that: -8-

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(a)

if and to the extent that coverage for any asbestos-related bodily injury

claims asserted against Defendant is determined to exist under the Century Policies, Plaintiff is not obligated under any such policies until the limits of all applicable underlying policies, deductibles, self-insured retentions, and/or applicable retained limits have been properly and fully exhausted; and (b) damages arising from said bodily injury claims must divided pro rata, by

time on the risk, across all years in which the alleged exposure to asbestos occurred, such that Plaintiff is only responsible for its share of covered losses allocated to the periods of the Century Policies that exceed the limits of underlying coverage, self-insured retentions, and/or retained limits; and (c) any indemnity for the Underlying Claims and/or defense costs allocated to

those time periods for which Defendant did not purchase insurance coverage, for which no relevant insurance coverage is known to exist, for which any relevant insurance coverage has been exhausted, or for which insurance coverage is otherwise unavailable, must be borne by Defendant. WHEREFORE, Plaintiff respectfully requests that the Court: (a) Declare that Plaintiff has no obligation to defend or indemnity Defendant

with respect to some or all of the Underlying Claims; (b) In the alternative, declare that damages, if any, arising from an Underlying

Claim must be allocated pro rata over all years in which the alleged exposure to asbestos occurred and further declare the respective rights and obligations of the parties under the Century Policies, and declare the limits of any obligation of Plaintiff to defend and/or indemnify Defendant for costs incurred with respect to some or all of the Underlying Claims;

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(c) (d)

Award Plaintiff its costs; and Grant Plaintiff such other and further relief as may be necessary and

appropriate under the circumstances. DANNA MCKITRICK P.C.

By: ___/s/ John F. Cooney________________ John F. Cooney, #32522MO 7701 Forsyth Boulevard, Suite 800 St. Louis, Missouri 63105 (314) 726-1000 (314) 725-6592 (fax) jcooney@dmfirm.com Of counsel: WHITE AND WILLIAMS LLP Patricia B. Santelle, pro hac vice pending Shane R. Heskin, pro hac vice pending One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 (215) 864-6329 (215) 399-9603 (fax) Attorneys for Plaintiff Century Indemnity Company

-107810254v.1 7795458v.1 7806355v1

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Exhibit A Known Asbestos Claims

LAST NAME Hooker Kash Mattson Fontenot Fitzgerald Straussner Joyner Boyle Ragsdale Henderson Dudics Pierce Jackson Blackwell Batteiger FIRST NAME Dorothy Randall Laren Edward Gerald Donald George Edward Rodney Jesse Darlene Barry Joseph Roland Derelle A. L. J MIDDLE INITIAL I. CAPTION Dorothy I. Hooker, et al. v. 3M Company including Anheuser Busch, Inc. Randall Kash v. Anheuser-Busch, Inc. Laren A. Mattson v. Anheuser Busch, Inc. Edward L. Fontenot v. Able Supply Company, et al. including Anheuser Busch, Inc. Gerald J. Fitzgerald v. Anheuser-Busch, Inc. Donald Straussner v. Union Carbide Corporation, et al. including Anheuser-Busch, Inc. George Joyner, et al. v. Triplex, Inc., et al. including Anheuser-Busch, Inc. Edward Boyle v. Union Carbide Corporation, et al. including Anheuser-Busch, Inc. Rodney Ragsdale v. Able Supply Company, et al including Anheuser-Busch, Inc. Jesse G. Henderson, et al. v. Triplex, Inc, et al., including Anheuser-Busch, Inc. Darlene Dudics v. Anheuser-Busch, Inc., et al. Barry Pierce v. Anheuser-Busch, Inc., et al Joseph H. Jackson v. Anheuser-Busch, Inc., et al. Roland Blackwell v. Asbestos Defendants, et al. including Anheuser Busch, Inc. Derelle Batteiger, individually and as Special Administrator of the Estate of Warren Batteiger, Deceased v. Union Carbide Corporation, et al including Anheuser-Busch, Inc. Lloyd Frisbie and Yvonne Frisbie v. Asbestos Defendants (BP), et al. including Anheuser-Busch, Inc. William Dennis v. Asbestos Defendants (BP), et al. including Anheuser-Busch, Inc. Lawrence Noyer v. Asbestos Defendants (BP), et al. including Anheuser-Busch, Inc. Dewey Southwood v. Anheuser-Busch, Inc, et al. Theodore Boese v. Anheuser-Busch, Inc., et al. VENUE 149 District Court of Brazoria County, Texas San Francisco County, Superior Court 172 Judicial District Court, Jefferson County, Texas 113th Judicial District Court of Harris County, Texas In The Circuit Court Third Judicial Circuit Madison County, Illinois In The Circuit Court Third Judicial Circuit Madison County, IL 239 Judicial District Court, Brazoria County, Texas In The Circuit Court Third Judicial Circuit Madison County, Illinois 10 Judicial District, Galveston County, Texas 239 Judicial District Court, Brazoria County, Texas San Francisco County, Superior Court, CA San Francisco County, Superior Court, CA San Francisco County, Superior Court, CA San Francisco County, Superior Court, CA 3rd Judicial Circuit Court, IL 35122 CGC05444481 EO175797 200549777 05-L-825 05-L-826 33407 05-L-827 05CV1444 33406 CGC-04-433651 CGC-05-440141 CGC-06-452777 CGC-06-452943 06-L-000377 DOCKET NO. DATE FILED 09/15/05 08/30/05 09/01/05 08/03/05 09/13/05 09/13/05 04/29/05 09/13/05 11/14/05 04/29/05 08/09/04 04/06/05 06/01/06 06/07/06 04/25/06

Frisbie Dennis Noyer Southwood Boese

Lloyd William Lawrence Dewey Theodore

San Francisco County, Superior Court, CA San Francisco County, Superior Court, CA San Francisco County, Superior Court, CA In The Circuit Court Third Judicial Circuit Madison County, Illinois State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County

CGC-05-445645 CGC-06-450897 CGC-05-447777 05-L-1276 05-L-1258

10/12/05 04/04/06 12/19/05 01/04/06 12/15/05

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LAST NAME Ziebell Estes Bell Szuch Hunter Stanko Leach Becherer Fowler Young Merriott Boaz Crabtree Bell Burns Hoffman Shelton Bohler FIRST NAME Jonathan Lois William James Marion Norma Romie Adele Lonnie Dennis Norma David Edward Russell Bobby Donald Glenn Donald A. D. J. K. A. W. E. MIDDLE INITIAL CAPTION Jonathan Ziebell, as successor in interest to Monte Ziebell, deceased, et al. v. Anheuser-Busch, Inc., et al. Lois Estes, on her own behalf and Leslie Estes, Jr., on Behalf of the Estate of Leslie Estes, Sr. v. Anheuser-Busch Companies, Inc. , et al. William E. Bell v. ACandS, Inc. and Anheuser-Busch Companies, Inc. James Szuch v. A.P. Green Industries, et al. including Anheuser-Busch, Inc. Marion Hunter, et al. v. Anheuser-Busch, Inc., et al. Norma Stanko, Individually and as Special Administrator of the Estate of Richard F. Stanko, Deceased v. Union Carbide Corporation, et al. and Anheuser-Busch Corporation Romie Leach v. A.W. Chesterton, Inc., et al. and Anheuser-Busch Companies, Inc. Adele Becherer, Individually and as Special Administrator of the Estate of Patrick C. Becherer, Deceased v. Anheuser-Busch, Inc., et al. Lonnie Fowler, et al. v. Able Supply Company, et al. including Anheuser-Busch, Inc. Dennis Young v. Manufacturers Railway Company, et al. including Anheuser-Busch, et al. Norma Merriott, Individually and as Special Administrator of the Estate of Atwell Merriott, Deceased v. A.W. Chesterton, Inc., et al. including Anheuser-Busch Companies David Boaz v. A.W. Chesterton, Inc. including Anheuser-Busch Companies, Inc. Edward A. Crabtree, et al. v. Able Supply Company, et al. including Anheuser-Busch, Inc. Russell D. Bell v. A.W. Chesterton Company, et al. including Anheuser-Busch, Inc. Bobby J. Burns v. Union Carbide Corporation, et al including Anheuser-Busch, Inc. Donald K. Hoffman v. A.W. Chesterton, Inc., et al. including Anheuser-Busch Companies, Inc. Glenn A. Shelton v. A.W. Chesterton, Inc., et al. including Anheuser-Busch Companies, Inc. Donald W. Bohler v. A.W. Chesterton, Inc., et al.

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VENUE DOCKET NO. CGC-05-446771 49D02-9801-MI-0001-321 02-L-675 CGC-01-402650 01CC00346 02-L-967 01-L-468 02-L-951 02CV0928 022-10163 02-L-743 02-L-400 02CV0619 CGC-02-411090 02-L-1153 02-L-456 02-L-412 02-L-1116 DATE FILED 11/16/05 01/04/06 05/13/02 07/31/02 08/01/01 07/10/02 06/28/02 07/05/02 08/08/02 08/02/02 05/23/02 03/13/02 05/23/02 08/02/02 08/20/02 03/19/02 02-L-412 08/19/02

San Francisco County, San Francisco, Superior Court, CA State of Indiana Marion County Superior Court State of Illinois Circuit Court of the Third Judicial Circuit Madison County Superior Court of The State of California County of San Francisco - Court of Unlimited Jurisdiction Superior Court of California County of Orange In The Circuit Court For The Third Judicial Circuit Madison County, Illinois In The Circuit Court Third Judicial Circuit Madison County, Illinois In The Circuit Court Third Judicial Circuit Madison County, Illinois 212Th Judicial District Court Galveston County, Texas Missouri Circuit Court Twenty-Second Judicial Circuit (St. Louis City) State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County 405Th Judicial District Court Galveston, County, Texas Superior Court of California County of San Francisco In The Cicuit Court Third Judicial Circuit Madison County, Illinois State of Ilinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The
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LAST NAME Hefner Jackson Miles Poe Williams Hunter Folline Fandl Kateri Randall Weisz Kulick Brown Piscitelli Todd Worker Blackwell DeFrancis Amerson Angel FIRST NAME William Ronald Robert Roger Robert Kenneth James John Ellison Robert Mark Stanley Clyde Sylvester Michael Louis Robert Amelia Zephniah Martin C. L. M. L. R. A. MIDDLE INITIAL D. L. L. D. CAPTION including Anheuser-Busch Companies, Inc. William D. Hefner v. A.W. Chesterton, Inc., et al including Anheuser-Busch Companies, Inc. Ronald L. Jackson v. A.W. Chesterton, Inc., et al including Anheuser-Busch Companies, Inc. Robert L. Miles v. A.W. Chesterton, Inc., et al including Anheuser-Busch Companies, Inc. Roger D. Poe v. A.W. Chesterton, Inc. including Anheuser-Busch Companies, Inc. Robert Williams v. A.W. Chesterton, Inc. including Anheuser-Busch Companies, Inc. Kenneth R. Hunter, et al. v. Able Supply Company, et al. including Anheuser-Busch, Inc. James A. Folline v. Aerojet-General Corporation, et al including Anheuser-Busch, Inc. John Fandl, et al. v. Anheuser-Busch, Inc. Ellison Kateri, Individually and as the Personal Representative for the Estate of Larry C. Ellison v. AC&R Insulation Company, Inc. , et al. Robert L. Randall and Dorothy Randall v. Allied Manufacturing Company Mark Weisz and Teresa Weiz v. Asarco, Inc., et al (including Simpson Timber Company) Stanley Kulick and Joan Kulick v. AMTICO, A Division of American Biltrite, et al. including Simpson Timber Company Clyde Brown v. Amcord, Inc., et al. including Simpson Timber Company Sylvester Piscitelli, et al. v. A.W. Chesterton Co., et al. (including Simpson Timber Company) Michael Todd v. Asbestos Defendants including Anheuser-Busch, Inc. Louis C. Worker v. A.W. Chesterton, Inc., et al. including Anheuser Busch Companies, Inc. Robert L. Blackwell, et al., v. Able Supply Company, et al. including Anheuser-Busch, Inc. Amelia M. DeFrancis, Individually and as Independent Executrix of the Estate of Anthony DeFrancis, Deceased v. Able Supply Company, et al including Anheuser Busch, Inc. Zephniah Amerson v. Gould Electronics, Inc. Martin J. Angel v. Gould Electronics, Inc.

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VENUE DOCKET NO. 02-L-1142 02-L-1123 02-L-1124 02-L-1126 02-L-1149 01CV0368 CGC-01-321066 1022CC11586 24X03001046 03CV229165 24X04001107 October Term 2004 No. 000238 CGC-04-431029 05-103220 CGC-05-443881 04-L-1010 05CV0574 A0174947 04-437644 NP 04-437658 NP
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DATE FILED 08/20/02 08/19/02 08/19/02 08/19/02 08/20/02 04/26/01 05/04/01 11/02/10 10/13/03 10/20/03 12/01/04 10/05/04 05/05/04 03/08/05 08/17/06 06/20/05 04/29/05 04/29/05

Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County 122ND Judicial District Court Galveston County, Texas Superior Court of California, County of San Francisco In The 22nd Judicial Circuit Court of City of St. Louis, Missouri In The Circuit Court For Baltimore City, Maryland In The Circuit Court of Jackson County, Missouri In The Circuit Court For Baltimore City, Maryland Court of Common Pleas Philadelphia County Superior Court of California, County of San Francisco Supreme Court of The State of New York County of New York Superior Court of California County of San Francisco State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County 56Th Judicial District District Court, Galveston County, Texas 58th Judicial District Court Jefferson County, Texas Wayne County Wayne County

J.

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LAST NAME Aquilina Ashley Baharis Bailey Bell Booth Brown Cilia Cunningham Doremus Ethridge Fluker Flynn Fracassa Franklin Frost Gillyard Ray Simmons Szekely Tarlton Thomas Thomas Bratcher FIRST NAME Edward Robert Christ Gary Armisted Curtis Aaron John Richard Robert Bennie James Thomas Joseph Robert Dean Ora Charles Joseph Stephen Jimmy Charles David Mary H. C. E. MIDDLE INITIAL CAPTION Edward and Barbara Aquilina v. Gould Electronics, Inc. Robert E. Ashley v. Gould Electronics, Inc. Christ Baharis v. Gould Electronics, Inc. Gary and Lorraine Bailey v. Gould Electronics, Inc. Armistead Bell v. Gould Electronics, Inc. Curtis Booth v. Gould Electronics, Inc. Aaron and Lizzie Brown v. Gould Electronics, Inc. John P. Cilia v. Gould Electronics, Inc. Richard and Jackie Cunningham v. Gould Electronics, Inc. Robert and Lucille Doremus v. Gould Electronics, Inc. Bennie and Marguerite Ethridge v. Gould Electronics, Inc. James and Gloria Fluker v. Gould Electronics, Inc. Thomas and Margaret Flynn v. Gould Electronics, Inc. Joseph and Joyce Fracassa v. Gould Electronics, Inc. Robert H. Franklin v. Gould Electronics, Inc. Dean and Sheryl Frost v. Gould Electronics, Inc. Ora C. Gillyard, Jr. v. Gould Electronics, Inc. Charles and Wyloden Ray v. Gould Electronics, Inc. Joseph Simmons v. Gould Electronics, Inc. Stephen Szekely v. Gould Electronics, Inc. Jimmy L. Tarlton v. Gould Electronics, Inc. Charles C. Thomas v. Gould Electronics, Inc. David and Rowena Thomas v. Gould Electronics, Inc. Mary Bratcher. Individually and as Special Administrator of the Estate of Tyrone Bratcher, Deceased v. Union Carbide Corporation, et al. including Anheuser-Busch, Inc., Daniel Ward, Inc. and as Special Administrator of the Estate of Charles Ward, Deceased v. Riley Stoker Corporation including Anheuser-Busch, Inc., et al. Charles M. Prewitt v. Able Supply Company, et al. including Anheuser-Busch Companies, Inc. Elmer C. Curran v. Georgia Pacific Corporation, et al. including Anheuser-Busch, Inc. George E. Burgess and Dorothy E. Burgess v. Allis Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County Wayne County

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VENUE DOCKET NO. 04-437652 NP 04-437647 NP 04-437702 NP 04-437645 NP 04-437656 NP 04-437698 NP 04-437637 NP 04-437642 NP 04-437696 NP 04-437697 NP 04-437668 NP 04-437658 NP 04-437660 NP 04-437647 NP 04-437712 NP 04-437703 NP 04-437714 NP 04-437664 NP 04-433588 NP 04-437680 NP 04-437688 NP 04-437704 NP 04-437706 NP 05-L-1117 10/28/05 DATE FILED

P.

L. C.

In The Circuit Court Third Judicial Circuit Madison County, Illinois Madison County, Illinois - 3rd Judicial Circuit Court, Illinois 98th Judicial District Court of Travis County, Texas State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County Superior Court of New Jersey Middlesex
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Ward Prewitt Curran Burgess

Daniel Charles Elmer George M. C. E.

05-L-1146 GN501173 2009L001249 L-1053-10 AS

11/04/05 04/13/05 11/17/09 02/16/10

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LAST NAME FIRST NAME MIDDLE INITIAL CAPTION Chalmers Corporation Product Liability Trust, et al. including Anheuser-Busch, Inc. Elizabeth E. Batteiger and Gary R. Batteiger v. A.W. Chesterton, Inc., et al including Anheuser-Busch, Inc. Sharon Garvin, Individually and as Special Administrator of the Estate of Larry Garvin, Deceased v. A.W. Chesterton, Inc., et al Jeffrey Darby v. Asbestos Defendants James Mihalko and Martha Mihalko v. Asbestos Defendants Gennaro Manfredi, Jr., individually and as representative for persons identified under Section 537.080.1(1)(R.S.Mo.) concerning the wrongful death of Gennaro Manfredi, et al .v Bondex International, Inc., et al. including Simpson Timber Company Robert Kraud and Denyse Kraud, et al v. Aldrick Pumps, et al. (including Simpson Timber Company) Kenneth and Bette Nunn v. Anheuser-Busch, Inc., et al. Hendrick and Wilda Ornje v. ABEX Corporation, et al. including Anheuser-Busch Patricia Realini, individually and on behalf of the legal heirs of Humbert Realini, Deceased v. ABEX Corporation, et al. including Anheuser-Busch Billie Ray Bradford v. Various, et al. including Anheuser-Busch, Inc. Guadalupe Nunez v. A.H. Voss Co., et al including Anheuser-Busch Willie T. Dennis v. Various Employers and Insurance Carriers including Anheuser-Busch Theodore Reynolds v. A.H. Voss Co., including Anheuser-Busch, Inc., et al. Bobby Lee v. The Anchor Packing Company, et al. including Anheuser-Busch, Inc., et al. Warren Kappler v. Acands, Inc., et al. including Anheuser-Busch Theone Suitor v. The Anchor Packing Co., et al. including Anheuser Busch Richard and Darlene Nelson v. The Anchor Packing Co., et al. including Anheuser-Busch

Filed: 06/17/11 Page: 5 of 6 PageID #: 15

VENUE DOCKET NO. DATE FILED

County: Law Division State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County State of Illinois In The Circuit Court of The Third Judicial Circuit Madison County Superior Court of California County of San Francisco Superior Court of California County of San Francisco In The Circuit Court of Jackson County, Missouri State of Rhode Island Providence Superior Court State of Indiana Marion County Superior Court In California Superior Court of San Francisco In California Superior Court of San Francisco California Department of Industrial Relations, Workers Compensation Appeals Board San Francisco County Superior Court, California In California Workers Compensation Appeals Board Order Joining Part Defendant In San Francisco County Superior Court, California In San Francisco County Superior Court, California In the 22nd Judicial Circuit Court of Missouri In San Francisco County Superior Court, California In San Francisco County Superior Court, California
-5-

Batteiger Garvin Darby Mihalko

Elizabeth Sharon Jeffrey James

E.

10-L-24 09-L-125 CGC-09-275421 CGC-09-275367

01/13/10 02/08/10 11/24/09 10/07/09

Manfredi

Gennaro

04CV225886

09/02/04

Kraud Nunn Ornje Realini Bradford Nunez Dennis Reynolds Lee Kappler Suitor Nelson

Robert Kenneth Hendrick Patricia Billie Guadalupe Williie Theodore Bobby Warren Theone Richard T. Ray

05-1356 49D02-9801-MI-0001-312 CGC-95-969674 CGC-90-917746 96-LBO-277521 CGC-97-991528 95-LBO 261585 CGC-97-988395 CGC-97-989005 942-10750 CGC-97-988660 CGC-96-982003

03/15/05 06/30/05

Case: 4:11-cv-01097-CEJ Doc. #: 1-1

LAST NAME Walker Williams Yager Cashen Grimes McHenry Zuniga West Hooker Fandi FIRST NAME Robert Gloria Irma Bill Douglas Charlie Espiridion Richard Dorothy John A. I. MIDDLE INITIAL CAPTION Robert and Helen Walker v. A.H. Voss Company, et al. Including Anheuser Busch Gloria Williams, et al. v. A.H. Voss Company, et al. including Anheuser Busch Irma Yager, et al. v. ABEX Corp., et al. including Anheuser Busch Bill Cashen v. Northern Peabody, Inc. v. Anheuser Busch Douglas Grimes, et al. v. Exxon Corporation, et al. including Anheuser Busch Charlie and Barbara McHenry Zuniga Espiridion v. Anheuser Busch Richard A. West, et al. v. Anheuser-Busch, Inc., et al. Dorothy I. Hooker, et al. v. 3M Company including Anheuser Busch, Inc. John Fandl, James Horvath, and Barbara Vogler, v. Anheuser-Busch, Inc.

Filed: 06/17/11 Page: 6 of 6 PageID #: 16

VENUE DOCKET NO. CGC-96-982759 CGC-96-983589 CGC-95-972253 DATE FILED

In San Francisco County Superior Court, California In San Francisco County Superior Court, California In San Francisco County Superior Court, California In the 57th Judicial District Court of Bexar County, Texas In California Superior Court of San Francisco Odessa, Texas Van Nuys, California 149 District Court of Brazoria County, Texas In The Circuit Court for the City of St. Louis County, Missouri, Twenty Second Judicial Circuit

96-CI-06264 CGC-96-977756

35122 1022-CC11586

09/15/05 11/02/10

-67733213v.1

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Filed: 06/17/11 Page: 1 of 1 PageID #: 17

Exhibit B Policies Issued by Century Indemnity Company (as Successor to CCI Insurance Company, as Successor to Insurance of North America) to Anheuser-Busch, Inc.

Policy Number XBC152493 XBC152728 XBC153752 XBC154304 XBC154407 XBC154493 XBCGO313755 XBCG1042051-9 XOOG1023518-2 XOOG10238158 XOOG1157205-4 XOOG1157422-1

Policy Period 07/01/80 06/30/81 07/01/81 06/30/82 07/01/82 06/30/83 07/01/83 06/30/84 07/01/84 06/30/85 07/01/85 06/30/86 07/01/86 06/30/87 07/01/87 06/30/88 07/01/88 06/30/89 07/01/89 06/30/90 07/01/90 06/30/91 07/01/91 06/30/92

EXHIBIT B

7731899v.1

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Case: 4:11-cv-01097-CEJ Doc. #: 1-4 Reset

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI

Century Indemnity Company

Plaintiff, v.

Anheuser-Busch, Inc.

Defendant,

) ) ) ) ) ) ) ) ) ) )

Case No.

4:11-CV-1097

ORIGINAL FILING FORM THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY WHEN INITIATING A NEW CASE.

THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER AND ASSIGNED TO THE HONORABLE JUDGE .

THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS THAT CASE WAS ASSIGNED TO THE HONORABLE THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING. AND . THIS CASE MAY,

NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE MAY BE OPENED AS AN ORIGINAL PROCEEDING.

The undersigned affirms that the information provided above is true and correct.

Date:

06/17/2011

/s/ John F. Cooney

Signature of Filing Party

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AO 440 (Rev. 12/09) Summons in a Civil Action

Filed: 06/17/11 Page: 1 of 2 PageID #: 21

Reset

UNITED STATES DISTRICT COURT

for the

Eastern District of __________ __________District of Missouri

Century Indemnity Company
Plaintiff

v.
Anheuser-Busch, Inc.
Defendant

) ) ) ) ) ) )

Civil Action No. 4:11-CV-1097

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) Anheuser-Busch, Inc.
Registered Agent: CT Corporation System 120 South Central Avenue Clayton, Missouri 63105

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: John F. Cooney
Danna Mc.Kitrick, P.C. 7701 Forsyth, Suite 800 St. Louis, Missouri 63105

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

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AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

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Civil Action No. 4:11-CV-1097 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

I personally served the summons on the individual at (place) on (date) I left the summons at the individuals residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . ; or ; or ; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc: