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American Insurance to reimburse the Trust Fund •for all expenses <br />incurred as a result of C. F. i I.'s default which are <br />liabilitiss incurred and accrued within the aeaninq o! clauc~s 4 <br />of Bond No. 2584606 up to the sum of X2,700,000." Objection and <br />Complaint 1 50; Answer 1 13. <br />21. By letter dated July 9, 1991, American Insurance denied <br />liability for payment under the American Sond on the grounds that <br />American Insurance has "not been lade aware of any default on <br />benefits which accrued during the period the bond was in lor~:e." <br />Objection and Complaint 1 52; Answer Z 14. <br />22. Without admitting liability, American Insurance <br />indicated it nevertheless vas willing to assume payment of Black <br />Lung Benefits to 4 Former Coal Miners, (i) Tony Cambruzzi, <br />(ii) Charles Fodor, (iii) Frank Rinkela, and (iv) Frank Zappnnt:i, <br />and to consider payment of the claims of any other Former Conl <br />Miners who last worked while the American Sond vas in force. <br />Objection and Complaint 1 53; Answer ~ 14. <br />23. On information and belief, to date no payments have <br />been made to the DOL by American Insurance undsr the American <br />Bond. Objection and Complaint ~ 55; Aruver ! 14. <br />24. At the hearing rslated to the Claim Litigation on <br />January 27 1993, the DOL reprsssnted to the Court that it clai:oed <br />"a right to qo alter the bonding company." Transcript, Dated <br />01/27/93, at 25-26. A copy o! the Transcript is attached herel:o <br />as Exhibit 2. <br />10 <br />