Galiher DeRobertis Ono

Hawaii Travelers Settlement

The following documents provide information regarding a $15 million settlement with Travelers Insurance. This settlement is the subject of a hearing for approval by the United States Bankruptcy Court on July 6, 2004 located at United States Bankruptcy Court, Courtroom 623, One Bowling Green, New York, NY.

Frequently Asked Questions

WHO'S AFFECTED?

The settlement and Proposed Order would affect all persons and entities, whether or not eligible to receive payment under the settlement, who may have claims, whether asserted or unasserted, in Hawaii or under the statutes, laws or regulations of Hawaii against Travelers arising from or relating to any alleged acts or omissions of Travelers in the handling, defense, trial, appeal or settlement of any asbestos-related personal injury or wrongful-death claim against Combustion Engineering. "Travelers," as more fully defined in the settlement, includes the Travelers Indemnity Company, Travelers Casualty and Surety Company (formerly known as The Aetna Casualty and Surety Company), Travelers Property Casualty Corp., Citigroup Inc., The Travelers Insurance Company, Travelers Life and Annuity Company, and each of their respective present and former direct or indirect parents, subsidiaries and affiliates. For more information as to whether you may be affected you should obtain copies of the Settlement Agreement and Fund Distribution Procedures by following the instructions below.

WHAT'S THIS ABOUT?

The lawsuits claim that Travelers failed to disclose, suppressed information or misled persons in connection with the handling, defense, trial, appeal or settlement of Combustion Engineering claims in Hawaii relating to asbestos. Travelers denies these allegations and has asserted many defenses. This settlement includes a resolution of all claims alleging unfair competition, unfair or deceptive claims handling or trade practices, lack of good faith and fair dealing, statutory-based claims for "bad faith," actual or constructive fraud, and actual or constructive breach of fiduciary duty asserted against Travelers involving, in any way, asbestos-related personal injury or wrongful-death claims against Combustion Engineering in Hawaii. The settlement is not an admission of wrongdoing or an indication that any law was violated.

WHAT COULD YOU GET FROM THE SETTLEMENT?

If the settlement is approved, there will be an aggregate Settlement Fund of up to $15 million for qualified claimants who have resolved an asbestos-related personal injury or wrongful-death claim against Combustion Engineer prior to February 17, 2003. Compensation for injuries will be shared amongst all qualified claimants in varying amounts based upon what each qualified claimant's specific injuries was prior to February 17, 2003. You are an eligible claimant if you filed one or more asbestos personal injury or wrongful-death claims in Hawaii prior to May 22, 2004, and you resolved one or more personal injury or wrongful-death claims against Combustion Engineering prior to February 17, 2003. If you make a claim against the separate Travelers Asbestos Statutory Direct Action Settlement Fund, or were represented by Galiher DeRobertis Ono and resolved your asbestos-related claim against Combustion Engineering between January 1, 2001, and February 17, 2003, you are not an eligible claimant. Settlement counsel is Galiher DeRobertis Ono.

HOW DO YOU FIND OUT IF YOU QUALIFY FOR PAYMENT?

Call (800) 322-3996 Toll Free From Within Hawaii or (877) 529-1088 Toll Free From The Mainland Monday though Friday between 9 a.m. and 5 p.m., Hawaii time, or visit www.gogaliher.com to obtain a copy of the Settlement Agreement, the Fund Distribution Procedures, a claim form, and a release. There is a deadline for submitting a settlement fund claim form. All settlement fund claim forms must be submitted within 365 days of the entry of the final order. That date has not been determined yet, but it will be published on the website listed below once it is determined. To qualify for a payment, you must send in a settlement fund claim form providing information concerning the resolution of your prior asbestos-related claim against Combustion Engineering in Hawaii as well as sign a general release.

WHAT ARE YOUR OPTIONS?

Although your rights will be affected if the Court approves the settlement and enters the Order requested, you are not required to take any action in response to this notice. You may, however, decide to participate and submit a settlement fund claim form, and/or you may decide to object to the settlement or entry of an order clarifying the Johns-Manville bankruptcy injunction. Information on how to object can be found in the scheduling order. You may obtain copies of the scheduling order by calling (800) 322-3996 Toll Free From Within Hawaii or (877) 529-1088 Toll Free From The Mainland Monday through Friday between the hours of 9 a.m. and 5 p.m., Hawaii time, or go to www.gogaliher.com. All objections must be filed with the Court no later than June 28, 2004, in accordance with the procedures contained in the scheduling order. If any one person's objections are successful, there will be no Settlement Fund and no one will receive a payment. There will be a hearing on July 6, 2004, in this case (In re JOHNS-MANVILLE CORPORATION, et al., Case Nos. 82 B 11656, 82 B 11657, 82 B 11660, 82 B 11661, 82 B 11665 through 82 B 11673 inclusive, 82 B 11675, 82 B 11676 (BRL)), before the Honorable Burton R. Lifland, United States Bankruptcy Judge, in Courtroom 623 at the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004 to consider whether to approve the settlement and, if approved, to establish the Settlement Fund and clarify that the lawsuits and all such claims in Hawaii are barred as against Travelers. If the settlement is approved, the Court will enter an order barring all such claims. You may appear at the hearing, but you don't have to. For more details, call (800) 322-3996 Toll Free From Within Hawaii or (877) 529-1088 Toll Free From The Mainland Monday through Friday between the hours of 9 a.m. and 5 p.m., Hawaii time, or go to www.gogaliher.com.