2016-05-05 Hearing Transcript - PD Initiated Puna Pono Alliance et al Presentation by Claims Adjuster

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HEAUKULANL So, is it your position or the position of John Mullen & Co. that only physical injuries would result in a claim? OWENS: A claim in and of itself is an injury or a damage, property damage HEAUKULANL Okay, that's not really answering my question, though. I know what a claim is, and I know what an injury or damage is. What I'm asking you is whether you and/or John Mullen & Co. are going to take the position that the only injury or damage is physical in nature? OWENS: If we have a HEAUKULANL —And I'll just let you know I make my living in that building on the other side, and I do not believe that, that to be true, that the only injuries are physical in nature. OWENS: If there is an injury which causes psychological damage and it needs to be addressed that way, then that would be an injury, but it can't HEAUKULANL Or emotional injuries? OWENS: Emotional injury HEAUKULANL Spiritual injuries? OWENS: Spiritual? I would have to see the claim HEAUKULANL —Okay. OWENS: —and do it `cause every claim is taken on its own merit. HEAUKULANL And I want to make sure I understand. You talked about having one individual who could take responsibility for processing the claim, I guess. Is that—could a group take responsibility on behalf of a collective, a larger group of people? OWENS: I would say no, but in the end, it'll be up to the Commission because there needs to be a person. A claimant is a person. It's not a group. I think maybe counsel can say a corporation stands on the place of a person, but there has to be a person in a corporation who is identified, who's going to run—you can't smear it all together. There has to be pretty much a person. Somebody has to sign off on it, not a group. HEAUKULANL And a representative or an agent of the corporation or the non-profit entity? That would be a person. OWENS: Representative or an agent. That would be a person. EXHIBIT D