- 26 - out of fashion. Accordingly, we hold that the burden of proof remains with petitioner as to the ninth ground. 10. Earthquake Petitioner states that it reasonably accumulated $300,000 during each of the years in issue to protect against earthquake damage to the Costa Rican facility. Petitioner states that Costa Rica lies upon an extremely active fault line and that earthquakes are frequent. Petitioner notes that an earthquake severely damaged a house that petitioner provides for its managers. Respondent argues that petitioner's discussion of its potential exposure to earthquake damage is vague and speculative. Respondent contends that petitioner has not presented any information on its past loss experience because of earthquakes or whether its manufacturing facility has ever suffered earthquake damage. Respondent argues that petitioner fails to provide details about the extent of the damage to the managers' house, the cost to repair the damage, whether earthquake insurance was available, and the date that the damage occurred. We hold that petitioner has not disclosed in its statement sufficient details to permit respondent to prepare for trial. Petitioner's discussion of its potential liability exposure is vague and speculative. Petitioner has not presented any facts about its loss experience or the loss experience of comparablePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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