SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YOFX
................................................................. X
NEIL D. LEVIN, Superintendent of Insurance of the
State of New York, as Liquidator of HOME MUTUAL
INSURANCE COMPANY OF BINGHAMTON, NY
and NEW YORK MERCHANT BAKERS Index No. D O / / I
INSURANCE COMPANY,
Plaintiff, COMPLAINT
-against-
PRICEWATERHOUSECOOPERS, L.L.P.,
f/d/b/a Coopers & Lybrand,
Defendant.
Plaintiff NEIL D. LEVW, Superintendent of Insurance of the State of New York, as
Liquidator of HOME MUTUAL INSURANCE COMPANY OF BINGHAMTON, NY
("Home Mutual") and NEW YORK MERCHANT BAKERS INSURANCE COMPANY
("Merchant Bakers"), by his undersigned attorneys, alleges on personal knowledge as to his
own actions and on information and belief as to the actions of others, as follows.
The Superintendent's information and belief is based, inter alia, on his ongoing
investigation of this matter, including, without limitation, review of books, records and
other documents, including books and records of Home Mutual, of Merchant Bakers and of
the Liquidator, review of books and records filed with the New York Department of
Insurance, review of publicly available court documents, review of filings of Home State
Holdings, Inc. ("Home State Holdings") (the former parent corporation of Merchant Bakers
and manager of Home Mutual) with the Securities and Exchange Cornmission, review of
publicly available press releases and other documents; interviewing of former employees;
evaluation of the status of the estates of Home Mutual and Merchant Bakers in liquidation;
SNIPPETS:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YOFX
NEIL D. LEVIN, Superintendent of Insurance of the State of New York, as Liquidator of HOME
INSURANCE COMPANY OF BINGHAMTON, NY
Plaintiff NEIL D. LEVW, Superintendent of Insurance of the State of New York, as
Liquidator of HOME MUTUAL INSURANCE COMPANY OF BINGHAMTON,
and NEW YORK MERCHANT BAKERS INSURANCE COMPANY
investigation of this matter, including, without limitation, review of books, records and
Insurance, review of publicly available court documents, review of filings of Home State
evaluation of the status of the estates of Home Mutual and Merchant Bakers in liquidation;
to the actions of other departments of insurance with respect to this matter;
PRICEWATERHOUSECOOPERS, L.L.P., f/d/b/a Coopers & Lybrand in
Home State Holdings, as debtor in possession in the Matter of Home State Holdings, Inc. v.
PriceWaterhouseCoopers, L.L.P., f/'/d/b/a Coopers & Lybrand, pending in the United States
Bankruptcy Court for the District of New Jersey; analysis of the relevance to Home Mutual
and Merchant Bakers of the findings and allegations of Home State Holdings as to the
actions and omissions of Coopers; review of the consistency of the present status of the
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