Final Joint Pretrial Order - Reinsurance Focus

11. Aon Re and Smith did not breach any fiduciary duties that they may have
owed to ReliaStar Life Insurance.
12. Aon Re and Smith did not assist Pallat in breaching any of the duties
Pallat and Unicover owed to ReliaStar Life Insurance.
13. Aon Re and Smith did not withhold or conceal material information from
ReliaStar Life Insurance.
14. ReliaStar Life Insurance is unable to prove what material fact was
withheld or concealed by Aon Re and Smith.
15. ReliaStar Life Insurance knew or could have discovered the facts it alleges
were withheld or concealed by Aon Re, Smith and/or Pallat.
16. Even if Aon Re and Smith did conceal or withhold material information
from ReliaStar Life Insurance, ReliaStar Life Insurance did not rely on
any such concealment because it cannot demonstrate that it could or would
have taken different steps had it known, or that any steps it could or would
have taken would have prevented or reduced its purported damages.
17. If Pallat defrauded ReliaStar Life Insurance, Aon Re and Smith did not
assist him.
18. If Pallat concealed or withheld material information from ReliaStar Life
Insurance, Aon Re and Smith did not assist him.
19. A party must be aware of its role in aiding and abetting a fraudulent
scheme to be liable for aiding and abetting fraud.
20. A party must substantially assist the primary actor to be liable for aiding
and abetting fraud.
21. A party must be aware of its role in aiding and abetting a breach of
fiduciary duty to be liable for aiding and abetting breach of fiduciary duty.
22. A party must substantially assist the primary actor to be liable for aiding
and abetting breach of fiduciary duty.
23. A party cannot be liable for conspiracy to commit fraud unless it
knowingly and voluntarily participated in a common scheme to defraud a
third party.
24. ReliaStar Life Insurance cannot demonstrate that there was an agreement
between Aon Re and Smith on the one hand, and Pallat on the other, to
defraud ReliaStar Life Insurance.
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