Case 1:04-cv-00725-RPM
Document 41-9
Filed 07/01/2005
PageQUIZNOS2 1 of THE QUIZNO CORPORATION
1099 DENVER OFFICE FAX
18TH STREET SUITE 2850 80202 COLORADO
303 303
2910999 2910909
1 FEBRUARY1 1999
MS
KATHYCAREY
ASSISTANT VICE PRESIDENT CLAIM CLAIMS EXCES EXCESS SURPLU SURPLUS
INC UNDERWRITING S ROYAL PECIALTY
FENY ROAD SUITE 1800 303261125 GEORGIA ATLANTA
PACE 945 EAST PACES
MAIL SENT VIA CERTIFIED
RE
INSURED
NO P ROYAL OLICY TERM POLICY
THE REP
QUIZNO CORPORATION QUIZNOS
606493 TO 22499
22498
F ROYALILE NO
DEAR MS
1250021311
CAREY
TO RESPECT YOUR FEBRUARY 1999 LETTERWAS
WITH THATMY
OFTHE UNDERSTANDING NOTICEOFCLAIM OR CIRCUMSTANCE AROSE WHICH MIGHT AFTER AS W TO CARRIER ANTED BE ALERTED SOON AS POSSIBLE ANY OFFICEROR OFFICERS THE RISE TO CLAIM AGAINST COMPANY OR ONE OF ITS TO GIVE BE EXPECTED REASONABLY
DIRECTORS
GIVEN BYYOUR SURPRISED POSITION THE HAS ALWAY BEEN THAT CIRCUMSTANCE ROVISION ALWAYS P
BIT
NEVERTHELES DO NEVERTHELESS
SENDING MY
AFTER SINCE SHORTLY DISCUS BELIEVEWE NEEDTO DISCUSS THE ISSUE FURTHER 1999 FROM LETTER DATEDJANUARY THE ENCLOSED TO YOU LASTCORRESPONDENCE RECEIVED
NOT
FORLITIGATION POTENTIAL WHICH DOES INDEEDREFERENCE DOE SHAREHOLDER
SO FARAS
OR
WE
FILE LITIGATION AGAINST
COUNSEL THREAT SEEKOUTSIDE TO UP KNOW MR EISNERHAS NOT FOLLOWED ON HIS SUFFICIENT DOE DOES INCLUDEINFORMATION THE COMPANY BUT BELIEVEHIS LETTER
OF THE POLICY
TO
OF CONSTITUTE NOTICE CLAIM UNDERSECTION
VARIOU INFORMATION HIM VARIOUS THAT ASKING WE GIVE US MR EISNER FIRSTCONTACTED BY TELEPHONE COUNSEL ORSEY WHITNEY RESPONDED D OF SHAREHOLDER SHAREHOLDERS THE COMPANY OUR OUTSIDE CONCERNING TO MR EISNER WAS NOT ENTITLED SUCH INFORMATION ACT CORPORATION CORPORATIONS THATBASED ON THE COLORADO
BECAUSE HE
WAS
NOT
THAN GREATER 5
OF SHAREHOLDER THE COMPANY
EISNER MR EISNERS
JANUARY 1999
IS IN RESPONSETO THE COMPANYS COMPANY POSITION CORRESPONDENCE
AT THE TIME MR
EISNER
ORIGINALLY
CONTACTED HE HAD NOT INDICATEDAN INTENT OR DESIRE TO US
SUE
THEREWAS THE COMPANY AND THEREFORE
QWESTOO1
63
Case 1:04-cv-00725-RPM
Document 41-9
Filed 07/01/2005
Page 2 of 2
KATHYCAREY
ASSISTANT VICE PRESIDENT CLAIM CLAIMS EXCES EXCESS SURPLU SURPLUS
INC UNDERWRITING ROYAL PECIALTY S
FEBRUARY1 1 PAGE
NO
1999
THAT NOTICE OBVIOUSLY IN CONVERSATION MY ORIGINAL HIS IN POINT INCLUDING TELEPHONE HIS CORRESPONDENCE H GIVEN SUBSEQUENT CIRCUMSTANCEAS CHANGED
COMMITTEE OF THE SPECIAL FURTHER HAPPENED HAS NOTHING WITH RESPECT THETRANSACTION TO SHAREHOLDER SHAREHOLDERS AND THE MERGER PROPOSAL THEMAJORITY DIRECTOR CONTINUE TO THE BOARDOF DIRECTORS CONTINUES EVALUATE AND AS THING DEVELOP TO SEEKFINANCING THINGS ARE CONTINUING THE WHO HAVE TENDERED PROPOSAL
IS YOU APPRIZED IN CERTAINLYTHE EVENT THAT LAWSUIT FILEDWE WILL KEEP CONTACTME THI THIS INFORMATION CONCERNING MATTERPLEASE IF YOU WOULDLIKE ANY ADDITIONAL TO THI OTHERWISE APPRECIATE ATTENTION THIS MATTER YOUR
VERYTRULY YOUR YOURS
VICE PRESIDE
GENERAL COUNSEL
CC
DONALD SALCITO ESQ
LETTERWPD
SLEGAILEGA1ADMQUI
QWESTOO1
64