Free Motion for Partial Summary Judgment - District Court of Colorado - Colorado

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

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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

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SO FARAS
OR

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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