Coaction Specialty Management Company, Inc., New York Marine and General Insurance Company, Gotham Insurance Company, and Southwest Marine and General Insurance Company v. Emaxx Insurance Services, LLC, Ecaptiv PC3-IC, Inc., and John Ferrante

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK COACTION SPECIALTY MANAGEMENT COMPANY, INC., NEW YORK MARINE AND GENERAL INSURANCE COMPANY, No. 25-cv-7815 GOTHAM INSURANCE COMPANY, and SOUTHWEST MARINE AND GENERAL Broderick, J. INSURANCE COMPANY, Plaintiffs, v. EMAXX INSURANCE SERVICES, LLC, ECAPTIV PC3-IC, INC., and JOHN FERRANTE, Defendants. COACTION’S UNOPPOSED MOTION FOR ENTRY OF A CERTIFICATE OF DEFAULT AGAINST PC3 Plaintiffs Coaction Specialty Management Company, Inc., New York Marine and General Insurance Company, Gotham Insurance Company, and Southwest Marine and General Insurance Company (together, “Coaction”) respectfully submit this motion for the entry of a certificate of default against Defendant eCaptiv PC3-IC, Inc. (“PC3”). 1. On December 23, 2025, the Court ordered that PC3 would be required to post security pursuant to New York Insurance Law § 1213(c)(1). See Dkt. 52 at 17-20. On February 13, 2026, the Court ordered PC3 to post $6,028,331.99 in security by April 30, 2026. See Dkt. 65 at 1; see also Dkt. 67 (clarifying that PC3 was responsible for posting the security). 2. On April 30, 2026, the Court granted PC3 a 45-day extension of its obligation to post security. See Dkt. 78. On June 12, 2026, the Court denied PC3’s request for a further extension of this deadline and confirmed that security was due on June 15, 2026. See Dkt. 84. 3. On June 15, 2026, PC3 informed the Court that it would not post security. See Dkt. 85. 4. New York law is clear that “if the foreign insurer fails to post a bond, as required, its pleadings will be stricken and a default judgment will be entered.” In re MF Glob. Holdings Ltd., 569 B.R. 544, 556 (Bankr. S.D.N.Y. 2017). 5. Counsel for Coaction have contacted the Clerk’s office concerning obtaining a certificate of default with respect to PC3, as required by this Court’s Individual Rules & Practices

in Civil Cases. Counsel was informed by the Clerk’s office that the uncommon procedural posture of this matter would make it difficult for them to issue a certificate. 6. Local Rule 55.1(b) authorizes the Court to “enter default or direct the clerk to enter default.” 7. To avoid potential delay and confusion concerning the issuance of a certificate of default, pursuant to Fed. R. Civ. P. 55(a) and Local Rule 55.1(b), Coaction respectfully requests that the Court enter a certificate of default as to PC3 or direct the Clerk to enter a certificate default as to PC3. 8. Counsel for Coaction has met and conferred with counsel for PC3, who have

provided the following position: While PC3 does not oppose the instant motion for a certificate of default, PC3 does intend to oppose any subsequent motion for a default judgment and will seek a hearing on damages at the appropriate time. Respectfully submitted, Dated: June 25, 2026 /s/ Guyon Knight Guyon H. Knight Matthew G. Horowitz Harold J. Scheeren MOUND COTTON WOLLAN & GREENGRASS LLP One New York Plaza New York, New York 10004 (212) 804-4200 gknight@moundcotton.com mhorowitz@moundcotton.com hscheeren@moundcotton.com Christina G. Jackson (pro hac vice forthcoming) MOUND COTTON WOLLAN & GREENGRASS LLP Three Greenway Plaza Houston, Texas 77046 (281) 572-8350 cjackson@moundcotton.com Counsel for Plaintiffs Coaction Specialty Management Company, Inc., New York Marine and General Insurance Company, Gotham Insurance Company, and Southwest Marine and General Insurance Company

APPLICATION GRANTED

VERNON 8S. BRODERICK US.D.I. 7/15/2026 The Clerk of Court is respectfully directed to enter a certificate of default as to PC3.