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Summer 2013 EXTRA-CONTRACTUAL LIABILITY

BROADMOOR UPDATE

ANNUAL MEETING 2013 July 28 - August 4, 2013 The Broadmoor Colorado Springs, Colorado

GO FOR THE GOLD

Pack your hiking shoes and head for the Broadmoor July 28 - August 4. Convention Chairs Scott and Susan Kreamer and Program Chair Walter Dukes have planned what will be an unforgettable week.

Plan to attend the Blockbuster Section Meeting on Friday, August 2 titled: Turning New Guns on Old Targets: Class Actions Against Insurance Companies

This program will be presented by the Class Action and Multi-District Litigation/Extra- Contractual/Insurance Coverage/Life, Health and Disability/and Property Insurance Sections. The focus of the program will be on class actions that have been brought against insurance companies. The panelists will explore the plaintiff bar’s approach to creative class action litigation.

Panelists include: Sheila K. Carmody - Phoenix, AZ Steven E. Goldman - Hartford, CT Wystan M. Ackerman - Hartford, CT Andrew B. Downs - San Francisco, CA

HISTORY OF THE BROADMOOR The current resort was built in 1918 by Spencer Penrose, a Philadelphia entrepreneur. The earlier clientele came to view both the beauty of as well as inhale the mountain air which was believed to assist in recuperation from tuberculosis.

The Broadmoor hotel has a long and colorful history. The Broadmoor was built on what was originally corn and wheat land and a dairy farm. A small hotel and casino were built on the property in the late 1800s. Spencer Penrose began his plans to build a hotel on the site in 1916. An architect was selected and construction began in 1917. The hotel opened June 29, 1918 at a total cost of over $2 million. Before the 1919 Prohibition went into effect, Penrose stockpiled large amounts of wine and liquor and stored them in freight train cars, in the basement of his home and in the hotel. In 1925,

Stacy A. Broman, Chair [email protected] Summer 2013

Penrose purchased and modernized the Manitou and Pikes Peak Cog Railway. In 1926, construction began on the Zoo. A polo field and riding arena were also built. In 1938, the Will Rogers Shrine and Will Rogers Stadium were built. Penrose died December 7, 1939.

During World War II, the Broadmoor facilities were made available to the military at reduced cost. Ski facilities were added in 1959. In 1995, the Broadmoor hosted the 50th Anniversary of the U.S. Women’s Open. In 2000, The Broadmoor set a record earning Mobile Travel Guide’s five star rating for 40 years.

TIPS AND TRIVIA FROM MY TWO PARTNERS WHO JUST RETURNED FROM COLORADO SPRINGS 1. Bring a light jacket as it frequently cools down in the evening

2. It also frequently rains for a short time in the afternoon.

3. If you drive to the top of Pikes Peak:

• There is a charge to drive up to the top -- $40/carload of up to 5 adults. • Make sure you have at least half a tank of gas first. The last stop to fill up is Manitou Springs (worth stopping at). • Plan on at least two and a half hours to get up and back. • It is about 50 degrees at the top, so bring a warm jacket. • Many are quite affected by the altitude at the top and the unnerving drive up there so it would be good to go with another driver. • Be sure to get some of the famous altitude donuts at the top. • Use lowest gear on the way down. • Halfway down you will be stopped for a brake temperature check. Most drivers are asked to pull into parking and let brakes cool for 30 minutes. • Watch your small children at the top of the Peak as there are overlooks without railings.

4. Seven Falls is worth seeing.

5. Visit the "hippie" community of Manitou Springs for lots of interesting shops. It is also known for having the U.S.’s largest covenant of people who identify themselves as witches.

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6. Garden of the Gods is a must. Go in the morning when it is cool. Lots of relatively easy hiking. You can also just drive through and stop at pull offs. http://www.gardenofgods.com/home/index.cfm?flash=0 OR Facebook at “The Official Garden of the Gods Park Page.”

7. Drink water. Lots of water.

8. Everyone thinks Pikes Peak is the tallest mountain in the Colorado Rockies and it is not even close. There are a lot of “14ers” and Pike’s Peak is the 31st tallest peak of those. The reason it is famous, and it is often climbed by hikers, is that it is one of the few of the tall peaks that is essentially on the high plains of Colorado so it has unbelievable views in all directions. It is the easternmost fourteener.

9. Have fun!

BROADMOOR TRIVIA Taken from www.Broadmoor.com.

• John D. Rockefeller was the Broadmoor’s first celebrity guest June 1, 1918. However, he and his wife moved to the Antler’s Hotel after being overcome by paint fumes.

• Spencer Penrose encouraged the artist of the famed Maxfield Parrish painting to put the lake in front of the hotel.

• During the hotel’s first decade, a room with a private bath, twin beds and three meals a day cost $14 per day.

• Before the building of the , zoo animals were kept on the hotel grounds. One animal was a camel named Ethel Volstead. Spencer Penrose was strongly anti-prohibition. The 1919 Volstead Act enacted Prohibition.

• In 1952, the hotel purchased two sea lions with the purpose of depleting the lake of the excess population of goldfish. Irate guests complained about the noise and wandering sea lions. The sea lions had required saltwater fish, not goldfish. Barrels of saltwater fish were then flown in daily to keep the sea lions satisfied.

• In the 1960s, waterskiing was available on the lake. The original Broadmoor pool was the largest indoor pool in the west when it opened in 1918. The indoor pool closed in 1961.

• A ceiling detail located in the main mezzanine has a male dancer with two right feet.

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• Tessie the elephant was brought to Colorado Springs in 1926 and provided rides to hotel guests. When she passed away in 1936, she was to be mounted and put on display at the Cheyenne Mountain Zoo, but she disappeared.

• Spencer Penrose’s original idea was to name the Will Rogers Shrine of the Sun after himself, but was convinced to name it after his dear friend. Will Rogers is not buried there.

• The Tavern Restaurant was opened to accommodate the demise of the Prohibition.

• Pikes Peak was the inspiration for “America the Beautiful.”

• During a 2002 renovation, Spencer Penrose’s wine collection was stored away to preserve the original dust.

• In 2002, a 1961 World Championship Figure Skating pin, which was thought to have been destroyed following the deaths of the entire U.S. team, was discovered in the walk in fault of the hotel.

4 Summer 2013 WINTER MEETING 2014 Marco Island Marriott Marco Island, Florida March 1 - 8, 2014

The Winter 2014 meeting will be held at the newly remodeled Marco Island Marriott. The resort has recently undergone a $250 million renovation and redesign. For those wishing to make their reservations early, the hotel website is www.marcoislandmarriott.com or phone (239) 394-2511. Those of us who were at the last Marco Island meeting will be glad to know that Elizabeth Lorell has promised no rain!

The Extra-Contractual Section is working on its program for the Marco Island meeting. Information should be available at the Broadmoor.

WOULD YOU LIKE TO SEE THE EXPERT WITNESS DATABASE UPDATED OR NOT?

We have been exploring with the idea of updating the expert witness database.

It was last updated in July 2009. We would appreciate your thoughts on whether or not this is a worthwhile endeavor.

Would you like to write an article for The Quarterly? Our section is responsible for providing an article. If you have an article or an idea for an article, please contact Stacy Broman at [email protected]

KNOW A POTENTIAL NEW MEMBER? Our section is responsible for submitting the names of two potential new members each year. Do you know someone to recommend?

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OTHER UPCOMING EVENTS

 July28-August4,2013 ANNUALMeeting2013 The Broadmoor Colorado Springs, Colorado

 September 18 - 20, 2013 Corporate Counsel Symposium Swissotel Chicago, Illinois

 October 2 - 4, 2013 I-3 Insurance Industry Institute New York Athletic Club New York, New York

 March1-8,2014 WINTERMeeting2014 Marco Island Marriott Marco Island, Florida

 July27-August2,2014 ANNUALMeeting2014 Greenbrier Resort White Sulphur Springs, West Virginia

 February 28 - March 7, 2015 WINTER Meeting 2015 Waldorf Astoria El Conquistador San Juan, Puerto Rico

 July25-August1,2015 ANNUALMeeting2015 Fairmont Banff Springs Hotel Banff, Alberta, Canada

 February 27 - March 5, 2016 WINTER Meeting 2016 Hotel Del Coronado San Diego, California

 July23-30,2016 ANNUALMeeting2016 Fairmont Le Manoir Richelieu La Malbaie, Quebec, Canada

 March5-10,2017 WINTERMeeting2017 Omni Amelia Island Amelia Island, Florida

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SEE YOU IN COLORADO!

FDCC EXTRA-CONTRACTUAL SECTION

Chair

Stacy Broman

Vice Chairs

John Craver Carlos Del Carpio Andrew Downs

Charles Henderson Meloney Perry Terence Ridley

Ex Officio

Barbara O’Donnell

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