Westport Insurance Corporation

Petition for Declaratory Judgment in Transform Holdco LLC v. Zurich American Insurance Company, ACE American Insurance Company, Allied World Assurance Company, Ltd., of Bermuda; Lloyd's Syndicate No. 318 MSP, of England; Westport Insurance Corporation, Lloyd's Syndicate No. 1414, of England; Tokio Marine America Insurance Company, Ironshore Specialty Insurance Company, Sompo International Holdings, Ltd., of Bermuda; American International Group UK Limited, of England; Neon Syndicate 2468, of Bermuda; Hamilton Re, Ltd., of Bermuda; Starr Surplus Lines Insurance Company, Canopius Insurance Services, Lloyd's Insurance Company (China) Limited, of China, and Aon Risk Services Central, Inc. at the District Court for the 162nd District, Dallas County, Texas.

Complaint to recover insurance "arising out of a catastrophic incident" whose losses "will likely exceed" $1.25 billion in PES Holdings LLC, North Yard GP, LLC, North Yard Logistics LP, PES Administrative Services, LLC, PES Energy Inc., PES Intermediate, LLC, PES Ultimate Holdings, LLC, and Philadelphia Energy Solutions Refining and Marketing LLC v. Allianz Global Risks US Insurance Company, of Illinois; AXA Corporate Solutions Assurance, of France; Lloyd's of London Underwriters, of England; General Security Indemnity Company of Arizona, Great Lakes Insurance SE, of Germany; HDI Global Insurance Company, of Illinois; HDI Global Specialty SE, of Germany; Helvetia Swiss Insurance Company in Liechtenstein Ltd., of Liechtenstein; Lancashire Insurance Company (UK) Limited, of England; Liberty Mutual Insurance Company, of Massachusetts; Mapfre Re Compania de Reaseguros, SA, of Spain; PartnerRe Ireland Insurance DAC, of Ireland; Starr Technical Risks Agency, Inc., of New York; Westport Insurance Corporation, of Missouri; XL Insurance America, Inc., of Connecticut, and Zurich American Insurance Company, of New York, at the U. S. Bankruptcy Court for the District of Delaware.

A default judgment for $1.5 million has been entered in the United States against Bermuda-registered American Investors Insurance Ltd. The judgment was entered in favor of plaintiff Employers Reinsurance Corporation, of Missouri, at the U. S. District Court for the Western District of Missouri on March 5, 2004.